this post was submitted on 10 Apr 2025
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And that still exists. It is merely the case that SCOTUS will have to check Federal power laws, and that the whole system doesn't get torpedoed by a single Federal circuit judge making a single ruling on a case that may not even be 100% related to the bulk of what the policy is designed to do.
They still have a jurisdiction to make a ruling, but not one that pauses the entire federal act when it is clear it will be appealed up to SCOTUS.
So the idea would be that a court with jurisdiction in California can make a ruling which applies to stopping a single Californian in unique circumstances from being deported under the specific law, but this cannot completely destroy the totality of the law.
And, just as we've seen, some of these rulings that would have crippled the government's ability to remove violent criminals from society do go to SCOTUS and SCOTUS sides with the law.
They're working out the kinks in the system.
But this is not entirely accurate. The Supreme Court overrules these sorts of judgments with some regularity.
It is also logical to continue implementing the policies that would be unaffected by such a decision.
There is no question, though, that convicted illegal immigrants are deportable, and that people unlawfully residing in the US are deportable.
It has already been established before that rights reserved for US citizens do not exist in the same way for aliens. This doesn't just apply to things like voting and gun ownership, but even things like privacy - there isn't any requirement for digitally spying on foreign citizens, for instance. You need a judge to sign off on digitally snooping an American citizens' computer, but not for an alien.
They should identify the potential conflict and, based on that, potentially hold what's going on.
Just as such, if there was some fatal flaw or conflict of interest discovered with how a judge or detective conducted himself, it would not justify releasing all the connected criminals immediately. Rather, it would justify reviewing all these cases and then releasing people whom it was determined to have impacted.
Good points.