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Wed Oct 10, 2018, 07:40 PM

At Immigration Argument, Justice Kavanaugh Takes Hard Line.

'A Supreme Court argument on Wednesday over the detention of immigrants during deportation proceedings seemed to expose a divide between President Trump’s two appointees, Justices Neil M. Gorsuch and Brett M. Kavanaugh.

The question in the case was whether federal authorities must detain immigrants who had committed crimes, often minor ones, no matter how long ago they were released from criminal custody. Justice Kavanaugh said a 1996 federal law required detention even years later, without an opportunity for a bail hearing.

“What was really going through Congress’s mind in 1996 was harshness on this topic,” he said.'

But Justice Gorsuch suggested that mandatory detentions of immigrants long after they completed their sentences could be problematic. “Is there any limit on the government’s power?” he asked.

Justice Stephen G. Breyer pressed the point, asking a lawyer for the federal government whether it could detain “a person 50 years later, who is on his death bed, after stealing some bus transfers” without a bail hearing “even though in this country a triple ax murderer is given a bail hearing.” . .

In April, Justice Gorsuch joined the court’s four liberal members in a 5-to-4 decision striking down a law that allowed the government to deport some immigrants who had committed serious crimes, saying it was unconstitutionally vague. Some of his questions on Wednesday in the new case, Nielsen v. Preap, No. 16-1363, left open the possibility of a similar alliance.

The 1996 law includes a contested phrase. Its says federal authorities “shall take into custody any alien” convicted of certain crimes, some serious and some minor, “when the alien is released.” The key word is “when.”'>>>

https://www.nytimes.com/2018/10/10/us/politics/kavanaugh-immigration-supreme-court-case.html

INTERESTING possible divide between Gorsuch and Kavanaugh.

6 replies, 805 views

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Reply At Immigration Argument, Justice Kavanaugh Takes Hard Line. (Original post)
elleng Oct 10 OP
guillaumeb Oct 10 #1
elleng Oct 10 #3
marylandblue Oct 10 #2
Xipe Totec Oct 10 #4
C_U_L8R Oct 10 #5
SunSeeker Oct 10 #6

Response to elleng (Original post)

Wed Oct 10, 2018, 07:52 PM

1. And more evidence, if it were needed,

that Kavanaugh will join Thomas on the far right of a right leaning Court.

Recommended.

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Response to guillaumeb (Reply #1)

Wed Oct 10, 2018, 07:53 PM

3. That was 'given,' imo;

INTERESTING = the Gorsuch part.

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Response to elleng (Original post)

Wed Oct 10, 2018, 07:53 PM

2. "What was really going through Congress's mind was harshness"

Not surprised he would say something like that. It's scary.

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Response to elleng (Original post)

Wed Oct 10, 2018, 07:59 PM

4. Kavanaugh is an alcoholic version of Javert. nt

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Response to elleng (Original post)

Wed Oct 10, 2018, 08:07 PM

5. Maybe K's arguments will be so heinous and so rightwing

that he drives the other judges left out of sheer repulsion and shame

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Response to elleng (Original post)

Wed Oct 10, 2018, 08:22 PM

6. Kavanaugh is such an evil asshole.

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