Wednesday Writs: Lawfully Admitted, TPS, and Sanchez v Mayorkas

Em Carpenter

Em was one of those argumentative children who was sarcastically encouraged to become a lawyer, so she did. She is a proud life-long West Virginian, and, paradoxically, a liberal. In addition to writing about society, politics and culture, she enjoys cooking, podcasts, reading, and pretending to be a runner. She will correct your grammar. You can find her on Twitter.

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14 Responses

  1. Jaybird
    Ignored
    says:

    WW2? More like WW3!

    Anyway, if I wanted to find counter-examples to “the Court’s longstanding deference to Congress on matters of national defense and military affairs cautions against granting review while Congress actively weighs the issue”, would I find any?

    My inclination is to say that I’d find a half dozen if I started googling, dating back to the 1780’s and all the way up to the Bush administration with a handful of interesting insights given by Oliver Wendell Holmes Jr… but I don’t know.

    WW7: How much fenatyl is in any given evidence room?Report

  2. Oscar Gordon
    Ignored
    says:

    WW3: Again, the devil is in the details. Gun owners have rights too, and the red flag laws have to protect those rights as well.

    WW6: Given that debt collectors are right up there with the credit bureaus and the police when it comes to doing their due diligence to verify information before taking action, I can’t wait for the lawsuits to start because John Smith has a lien on his home because Jonathan Smith owes someone money.Report

    • Philip H in reply to Oscar Gordon
      Ignored
      says:

      I can’t wait for the lawsuits to start because John Smith has a lien on his home because Jonathan Smith owes someone money.

      Cause that approach worked SO WELL for voter roll purges . . . .Report

  3. Philip H
    Ignored
    says:

    WW1 – so once again SCOTUS punts because there MIGHT be a legislative remedy at some point . . . . at least they did so unanimously this time. Which is something I guess . . .Report

    • LeeEsq in reply to Philip H
      Ignored
      says:

      When the Supreme Court makes a 9-0 decision, chances are that they are making the legally correct decision even if it isn’t a good decision morally speaking many times.Report

      • CJColucci in reply to LeeEsq
        Ignored
        says:

        A frequent commentator on another blog has a rule of thumb that in any divided decision, if Kagan and Roberts agree, they are right. I’m not sure I entirely agree, but it’s pretty close to right.Report

  4. Michael Cain
    Ignored
    says:

    WW7: Preliminary note: I oppose the death penalty. That said, if they have to have capital punishment, why have states been so slow to adopt inert gas asphyxiation? Based on number of deaths, dry nitrogen is the most dangerous industrial gas in the US because no one notices that it’s happening before they pass out. (Most of a half-century on, I still remember the training session I had to attend as a college student working in an ag lab for care and handling of dry nitrogen tanks.) Reliable, painless, and so readily available that you or I can walk in off the street to any number of welding supply stores and buy it. For a modest fee, they’ll deliver it to your garage door. I can guarantee that someplace in workshops and labs, South Carolina already has enough N2 on hand for several executions.

    Also, so easy to use that we can require any prosecutor that goes for the death penalty to open the valve themselves.Report

    • PD Shaw in reply to Michael Cain
      Ignored
      says:

      Some anti-death penalty advocates argue nitrogen hypoxia is still suffocation and point out that the American Veterinary Medical Association guidelines do not permit it to be used on large animals for euthanasia. (I would be curious if they would actually consider humans to be large animals or if the underlying concern is really about a safety risk to humans performing euthanasia)

      On the other hand, Alabama death row inmates sued for the nitrogen option, and the law was changed to permit it.Report

      • PD Shaw in reply to Oscar Gordon
        Ignored
        says:

        After that article, Louisiana State Penitentiary officials produced a 2015 study that recommended nitrogen hypoxia, but not in a gas chamber. It has not passed yet.Report

        • Michael Cain in reply to PD Shaw
          Ignored
          says:

          There’s no physical reason for an execution-style performance — eg, strap them in a chair in an ugly tiny compartment, force a mask over their face, etc. The victim can sit in a recliner in a comfortable room with the drink of their choice and the remote control for the TV, and will most likely simply nod off after the N2 dump is started.

          There is a long history of accidental deaths and suicides by inert gas asphyxiation. If there is a lot of physical suffering, there should be an academic literature based on near-miss episodes. If that exists, opponents have inexplicably not been citing it.Report

          • PD Shaw in reply to Michael Cain
            Ignored
            says:

            I highlighted the non-support for gas chamber because the Slate article seemed to assume gas chamber was the only option for N2. I don’t know why the report was opposed, but there are a lot of statutory requirements surrounding the implementation of the death penalty and the path of least resistance might be
            to reproduce all of the trappings of death by injection.Report

  5. LeeEsq
    Ignored
    says:

    W1: This is dealing with some very technical issues with immigration law. In order to adjust status, get a green card, in the United States, you generally need to be properly admitted into the United States. There are some exceptions like for people granted asylum, VAWA, or who are adjusting under 245(i). The issue in Sanchez v. Mayorkas was whether a grant of TPS status counts as an admission after the fact, which is legally possible. The Supreme Court held that it isn’t.Report

  6. Mike Schilling
    Ignored
    says:

    [WW4] Powell is as bad a client as Trump when it comes to confessing the things she’s accused of loudly and publicly. I don’t know if she’s as bad about payment.Report

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