Page 22 - Substantive Due Process News Today

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>> if congress had dealt with this in an adult way we would have answers to all of those questions and instead as it floated up in litigation and the fact of the matter is, the supreme court in the early 1990s assumed as did the justice department that they have substantive due process to a certain level of humane detention here and then they basically say, you guys now work it out, figure it out. and the problem is back in 1997 when the decree was entered which now has the force of law, the pro...

Through litigation. so basically what we need is congress to say here are the rules and the conditions of confinement, the conditions of detention that should apply to minor aliens. they wont do that. so they delegated to the justice department. and what we having is these activist litigations where there is a discovery of substantive due process rights of minor children to a certain level of treatment when they were here. as humane people, we can all sympathize with that. and agree with it. but...

Why? >> it doesnt give anybody due process. once you enter the united states, once you cross whether you are a citizen or not, you have the same constitutional rights. you have the right to due process. you have the right to confront your cases as an attorney to advocate for these cases, its externally difficult when youre on such a short time i because youre being given credit for time served which is usually a good deal or lets try to fight your case now these individuals are making statements...

Once you enter the united states, once you cross whether you are a citizen or not, you have the same constitutional rights. you have the right to due process. you have the right to confront your cases. as an attorney to advocate for these cases, its extremely difficult when youre on such a short timeline because youre being given credit for time served which is usually a good deal, or lets try to fight your case. and now these individuals are making statements that could be averse to their immig...

Imposed deadline. that was yesterday and most of those kids remained separated this morning. the presidents answer to that, listen. >> tell people not to come to the country illegally, thats the solution. dont come to our country illegally, come like other people do, come legally. >> the department of justice releasing this statement, quote, any children not being reunified by the july 10th deadline are not being reunified because of legitimate impediments that render timely compliance impossibl...

Pension, if hes vested in that pension, hes going to have procedural and substantive due process. >> so even if he got fired four days before. >> even if he got fired four days before, unless its a vesting and a timing issue as to whether or not hes going to vest or not in that pension due to a time frame. we dont really know. what we hear from the reports is this, that the office of professional responsibility has made a recommendation that he be fired. the reason for that is during the clinton...

For donald sterling, you cant kick me out of this league based on the fruit of the poisonous tree, nice phrase that lawyers love. this tape was illegally made. you cant use it. you support that statement for me. why? >> well, thats one of the arguments that hes raising and hes saying ultimately that this is all stemming from this illegal tape recording because in california its a two-party consent state that meaning both parties need to consent to something being recorded and he didnt. and what ...

>> the highest court in the land where the issues that decide america are decided. my exclusive on piers morgan tonight. good evening. its not often a supreme court justice sits down outside the court itself. i am here in washington it interview the longest serving justice, ant 99 scalia. they never comment on cases that are pending. everything from his faith and family to his guiding judicial principals and thoughts on campaign finance and politics and his colleagues. its all on the t...

the right to choose. >> that was used in roe vs. wade. it is a theory is a lie. >> the highest court in the land where the issues that decide america are decided. my exclusive on piers morgan tonight. good evening. its not often a supreme court justice sits down outside the court itself. i am here in washington it interview the longest serving justice, ant 99 scalia. they never comment on cases that are pending. everything from his faith and family to his guiding judicial principals an...