Main Justice Upending the Law
21 snips
Sep 10, 2025 The hosts dive into a controversial Fifth Circuit ruling that impacts the deportation of Venezuelan nationals. They discuss the legal ramifications of a deadly military strike, questioning its legality. Recent Supreme Court decisions altering ICE's immigration raid limits spark heated debate. A significant court win for Harvard University against government interference in its curriculum highlights ongoing tensions. They also analyze issues around domestic military use and threats to free speech within educational institutions.
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Alien Enemies Act Requires Military Invasion
- The Fifth Circuit held the Alien Enemies Act requires a military-style invasion or armed force directed by a foreign nation.
- The court used originalist historical definitions and rejected using the Act to target drug gangs or irregular incursions.
Boat Strike Lacks Clear Legal Justification
- The administration's deadly boat strike lacks clear statutory or judicial authorization under U.S. law.
- Mary McCord and Andrew Weissmann warned the action normalizes killing without transparency or clear legal basis.
Use Individualized Suspicion For Stops
- Rely on individualized, articulable facts before conducting investigatory stops to satisfy the Fourth Amendment.
- Avoid basing stops solely on race, language, location, or job type because courts view those as insufficient.