Much ink has been spilt since Donald Trump’s election regarding the legitimacy of the U.S. government system, the fortitude of the rule of law, and the viability of American democracy. What do the 2018 election results tell us about those big, scary issues?
Tagged: constitutional law
Peer with Burt Likko into his Constitutional crystal ball, and you shall see a vision of a veritable hurricane of voter registration litigation, of a sort yet unseen in American legal history.
No, not that executive order on immigration.
This post is about another executive order on immigration.
TDB: Trump’s Border Patrol Defies Judge, U.S. Senator at Dulles Airport as His First Constitutional Crisis Unfolds
Early in the evening, a huge piece of news broke: Two federal judges, Ann Donnelly of the Eastern District of New York and Leonie Brinkema of the Eastern District of Virginia, had made rulings that would stall the implementation of Trump’s anti-refugee executive order.
For the lawyers at Dulles Airport, Brinkema’s ruling generated a ton of excitement. She ruled that the travelers detained by Customs and Border Protection (CBP) had a right to see lawyers.
After the ruling came out, lawyers bustled around, filling out forms declaring that detainees were their clients (someone had thought to bring a printer). Any minute, they expected, they would be able to see the detainees and try to help them get into the U.S.
At this point, it wasn’t clear how many people were detained and which of them were legal permanent residents of the U.S. Lawyers didn’t even know all the names of the people they were trying to help. It wasn’t clear if some detainees had been put back on planes returning to their countries of origin, or if detainees had been shuttled off to immigrant detention centers in Northern Virginia. The travelers were all being held in what’s called “secondary inspection,” referred to as “secondary.” It’s part of the CBP screening process where lawyers are rarely, if ever, allowed to be present.
But lawyers who spoke to The Daily Beast said it’s also unheard of for government agencies like CBP to prevent people who have the legal right to live in the U.S. from seeing their lawyers. And that’s what was happening.
I’ve done tediously lengthy lawsplainers on the First Amendment rights of public employees before, here and here. Those posts have the explanations and citations. This is the cheat sheet.
When the government is an employer, it’s wearing two hats: government-as-your-government and government-as-your-employer. The government-as-employer can punish employees for things it couldn’t punish them for acting as government-as-government. Which things? It’s complicated.
What happens when a fraternal organization, dedicated to commemorating Confederate veterans of the U.S. Civil War, declares “all in” before the U.S. Supreme Court, in a case where there appear to be two directly controlling yet contradictory cases and the ideological alignments of the Justices are apparently inverted? Burt Likko breaks down today’s license plate case.