Main Justice Humpty Dumpty
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May 13, 2025 The hosts dive into Stephen Miller's controversial proposal to suspend habeas corpus for migrants, raising critical questions about due process. They share the uplifting story of a Tufts student released from ICE detention after a contentious opinion piece. A significant ruling from Judge Illston halts federal staffing cuts, emphasizing the need for legislative approval. The conversation touches on the balance of executive power, touching on historic cases, and previews an impending Supreme Court debate on birthright citizenship, highlighting its future implications.
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Limits on Suspending Habeas Corpus
- Habeas corpus is a constitutional right protecting against unlawful detention, not suspendable by the president alone.
- Suspension requires Congress and must be tied to rebellion, invasion, and public safety needs.
Ozturk's Habeas Success Story
- Rumeysa Ozturk, a Turkish graduate student, was detained by ICE without notice for writing an opinion piece.
- Courts ordered her release finding likely First and Fifth Amendment violations, showing due process can work.
Federal Workforce Cuts Legal Limits
- Massive federal workforce reductions risk destroying many agencies and critical public services.
- Courts emphasize Congress's authority in agency restructuring, not unilateral executive orders.