berg80
Diamond Member
- Oct 28, 2017
- 25,045
- 21,016
- 2,320
Law in Mahmoud Khalil’s Case Was Once Struck Down — by Trump’s Sister
The 1952 law under which the Trump administration seeks to deport Mahmoud Khalil, a lawful permanent resident who helped organize protests at Columbia University, is largely untested.
Largely, but not entirely. It was ruled unconstitutional in 1996 — by President Trump’s sister.
Mr. Trump does not have much use for a lot of judges. Last week, for instance, he called for the impeachment of “many of the Crooked Judges I am forced to appear before.” But he held his sister, Judge Maryanne Trump Barry, in high regard.
“I will never forget the many times people would come up to me and say, ‘Your sister was the smartest person on the Court,’” he posted on social media when she died in 2023. “I was always honored by that, but understood exactly what they meant — They were right! She was a great Judge, and a great sister.”
When Judge Barry considered the 1952 law, which the Trump administration has said will play a major role in its deportation plans, she asked whether it could be squared with the Constitution. “The answer,” she wrote, “is a ringing ‘no.’”
www.nytimes.com
Plaintiff, Mario Ruiz Massieu, seeks a permanent injunction enjoining the deportation proceeding instituted against him pursuant to 8 U.S.C. § 1251(a)(4)(C)(i) and a declaration that the statute, which has not previously been construed in any reported judicial opinion, is unconstitutional. That statute, by its express terms, confers upon a single individual, the Secretary of State, the unfettered and unreviewable discretion to deport any alien lawfully within the United States, not for identified reasons relating to his or conduct in the United States or elsewhere but, rather, because that person's mere presence here would impact in some unexplained way on the foreign policy interests of the United States. Thus, the statute represents a breathtaking departure both from well established legislative precedent which commands deportation based on adjudications of defined impermissible conduct by the alien in the United States, and from well established precedent with respect to extradition which commands extradition based on adjudications of probable cause to believe that the alien has engaged in defined impermissible conduct elsewhere.
Weird, right? What are the chances trump's sister ruled on a case like this? As an aside, I'm trying to wrap my head around a relative of Don's being a serious person with the intellectual chops to attain the position of a judge. Maybe the milkman is her real dad.
The 1952 law under which the Trump administration seeks to deport Mahmoud Khalil, a lawful permanent resident who helped organize protests at Columbia University, is largely untested.
Largely, but not entirely. It was ruled unconstitutional in 1996 — by President Trump’s sister.
Mr. Trump does not have much use for a lot of judges. Last week, for instance, he called for the impeachment of “many of the Crooked Judges I am forced to appear before.” But he held his sister, Judge Maryanne Trump Barry, in high regard.
“I will never forget the many times people would come up to me and say, ‘Your sister was the smartest person on the Court,’” he posted on social media when she died in 2023. “I was always honored by that, but understood exactly what they meant — They were right! She was a great Judge, and a great sister.”
When Judge Barry considered the 1952 law, which the Trump administration has said will play a major role in its deportation plans, she asked whether it could be squared with the Constitution. “The answer,” she wrote, “is a ringing ‘no.’”
Law in Mahmoud Khalil’s Case Was Once Struck Down — by Trump’s Sister
Judge Maryanne Trump Barry ruled that the law invoked against Mr. Khalil violated the Constitution by giving unfettered discretion to the secretary of state.
OPINION
BARRY, District Judge.Plaintiff, Mario Ruiz Massieu, seeks a permanent injunction enjoining the deportation proceeding instituted against him pursuant to 8 U.S.C. § 1251(a)(4)(C)(i) and a declaration that the statute, which has not previously been construed in any reported judicial opinion, is unconstitutional. That statute, by its express terms, confers upon a single individual, the Secretary of State, the unfettered and unreviewable discretion to deport any alien lawfully within the United States, not for identified reasons relating to his or conduct in the United States or elsewhere but, rather, because that person's mere presence here would impact in some unexplained way on the foreign policy interests of the United States. Thus, the statute represents a breathtaking departure both from well established legislative precedent which commands deportation based on adjudications of defined impermissible conduct by the alien in the United States, and from well established precedent with respect to extradition which commands extradition based on adjudications of probable cause to believe that the alien has engaged in defined impermissible conduct elsewhere.
Weird, right? What are the chances trump's sister ruled on a case like this? As an aside, I'm trying to wrap my head around a relative of Don's being a serious person with the intellectual chops to attain the position of a judge. Maybe the milkman is her real dad.
