Page 4 - Due Process Argument News Today

Very trumpian in its argumentation. this idea that because he declares something to be true that it must be true. i think the court was especially irritated by that and i think its a good day for our institutions and our constitutional government. >> one of the things donald trump has complained about is that the courts are political. he said again today its political. and, you know, that is not an argument that is only made by donald trump. i remember as the affordable care act -- two affordabl...

Just joking, about the green card holders, thats all good, no constitutional issue to see here." and the court says thats not the way it works, the white house counsel is not the president of the united states, he can write anything he wants, it does not effect what you have actually signed? >> and that is a perfect example of how badly this was lawyered, let me tell you. the thing that struck me was that there was no evidentiary showing by the government. its like they didnt take this thing ser...

Let me tell you. the thing that struck me was that there was no evidentiary showing by the government. its like they didnt take this thing seriously. the court begged them, show us where the government, the people of the united states, would be irreparably harmed. thats one of the standards, one of the tests they used in tro. the government gave them nothing. why was that? why were they totally unprepared? why did not not even have an affidavit, something, from the cia, from some agency. even th...

Want to show they need a put a box around this presidents power early. >> betsy, theres a traditional way of thinking about political capital, particularly someone newly elected and particularly a newly elected president which is is that its the reserve that gets drawn on and you can leak it and you decline in political capital. this president was elected as fairly unpopular. do you think essentially defeats like that have the traditional effect on political capital? >> not necessarily. its also...

The president at s at the high point of his authority in matters of immigration because thats dealing with protecting our country. the issue here is that fundamentally what the court is saying the constitution pertains to everyone here. whatever their status is. you cant do whatever you want at a whim to people who are not citizens. >> and the court says you cant say its unreviewable because its subject to broad executive authority. you cant act in ways that violate the constitution and here the...

Carves out legal permanent residence and admitted aliens who want to go overseas temporarily and come back thinking that that would save the due process argument. the court said no. if youre an alien here, even if youre unlawfully present, you have due process rights and if youre a non-immigrant visa holder and you want to travel overseas temporarily, you have due process rights and the executive cant just take away your immigration benefits and rip them up without some sort of notice and some s...

The rule of law, it was a decisive decision. one of the things that struck me in the 29 pages is that they were more ambitious, less narrow than they needed to be. they wanted to sort of walk up to the line and talk about whether or not sort of looks like a duck acts like a duct quacks like a duck, it looks like a muslim ban. they wanted to talk about standing and i think they were especially irritated, if you read the decision, at the prospect that certain decisions of the executive branch are,...

>> and the court says you cant say its unreviewable because its subject to broad executive authority. you cant act in ways that violate the constitution and here the court was clear that it thought the actions violated the due process rights of individuals who are present in the united states. >> i want to read this part of the ruling because i thought it was remarkable and it goes to what we were discussing with attorney general schneiderman. the government made the argument that it was unrevie...

Broad impact on people around the world. but our claim is grounded on the adverse impacts on washingtonians. >> paige, youre shaking your head. >> i think theres more to it. the family the yemen has an argument. there are two things hes raised that limits government action more than it protects people. so while the family in yemen may have a hard time making a due process argument, we can still make an establishment clause automatic, an equal protection argument, because those parts of the const...

Of washingtonians. >> i saw you shaking your head. >> i think theres more to it than that, the family in yemen has an argument, there are two constitutional arguments the attorney general has raised. it protects action rather than people.family in yemen may have a hard time making a due process argument, we can make an establishment clause argument, an equal protection argument, because those parts of the constitution apply to everyone. and they limit government -- >> no, they dont. >> they do n...