In this episode of Passing Judgment, we examine the Trump administration's controversial attempt to use the Alien Enemies Act, an 18th-century law, to deport Venezuelan nationals. With guest Greg Storer, Jessica Levinson explores the historical precedent of the statute, the current legal arguments, and the implications for executive power. They also discuss the Supreme Court's role in these matters and other pressing legal issues.
Here are three key takeaways you don't want to miss:
Alien Enemies Act: The discussion centers around the Trump administration's attempt to use the Alien Enemies Act, a law from 1798, to deport individuals from Venezuela. The act has rarely been used and traditionally only in times of declared war. The Trump administration's approach has raised questions about its applicability without an official war declaration.
Legal Proceedings and Executive Orders: There were significant legal maneuvers following Trump's proclamation about deporting Venezuelan nationals. The podcast delves into the temporary restraining order issued by a judge to halt these deportations, the legal arguments around jurisdiction, and differences in verbal and written orders.
Supreme Court Considerations: The conversation segues into what cases might reach the Supreme Court, with a focus on significant issues such as birthright citizenship, the president's authority related to immigration laws, and overarching constitutional questions.
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