Would it be advisable to add justices to SCOTUS? Maybe a total of 13 to match the # of district courts? And term limits - say 18 years? When and how can we do it?
Trump would presumably veto any 2027 legislation that tried stopping him. To have a veto-proof majority in the Senate, the Democrats (or aligned independents) would have to flip literally every single one of the 22 Republican seats up for election. That's not happening. So this is a wish list for a Democratic trifecta in 2029.
I’ve read the relevant law, the majority & dissent of the 5th Circuit case, and some of the other district court decisions. Both Prof Vladek and the interviewer, in my opinion, grossly overstate the clarity of the “right answer “ as to what the statute means. It strikes me as actually a close call, with both sides having decent arguments on how to interpret a badly written statute. It is very far from clear, IMHO.
On Steve's "wish list" point of getting the immigration courts out of Article III, that's a tough one thanks the late Chief Justice Warren Burger's push for the 1982 Marathon Oil decision, which held that without lifetime tenure (which was never a realistic option) decisions of Article III bankruptcy judges were not entitled to full faith and credit etc. And while Congress ultimately adopted a nice workaround for the bankruptcy courts, thru ehich judges serve for fixed 14 year terms etc, Marathon will require a huge lift in order to give immigration judges the authority to stand up to rogue administrations.
And without it, immigration judges being given a great deal of statutory authority they currently lack, they are subject to being fired at the whim of the sitting Administration, and they sadly know it.
I found this a helpful quick wrap up to put framework around this particular brand of intentional regime cruelty. I like it when you explain particular things about diff. circuit courts, too. I just knew that I had a pit in my stomach whenever the Fifth Circuit was mentioned. My general angst has been defined better, and seeing it more clearly makes it less scarily unfamiliar.
Thank you!
Question: What happens to immigrants who land in U. S. territories? Are they on the back burner b/c the leader doesn't quite know about the territories, or do they not attract immigrants b/c territories don't get the services the 50 states get? Just curious, prob. because of the halftime show...
I know this is not about immigration, can Ms Maxwell plead the Fifth Amendment to the constitution, while a prisoner in Texas, while testifying in Congress although as I have said she is a prisoner?
In the last seconds, if I heard correctly, you mentioned a lawyer who committed self immolation over their load of habeas cases. I can't find anything about that. Can you clarify that please? Thank.
Thank you for this podcast, One First , I saw on PBS last Month explaining the latest developments of a lawsuit filed by This administration and how the law enforcement agencies are using their powers to make arrests against minorities and migrants. Please subscribe to ONE FIRST.
they must PAY for the bond...they must wait for a "bond"hearing (while being held in detention). And you must be able to come up with bond money... just bc you apply it is still a major roadblock, even for innocent, legal people.
I am listening to opposing sides
I am almost at the end of this discussion and little explanation has been given on current interpretation has merit. All I hear is blah blah blah
Here's a longer discussion of the substance: https://www.stevevladeck.com/p/195-the-immigration-detention-flood
Would it be advisable to add justices to SCOTUS? Maybe a total of 13 to match the # of district courts? And term limits - say 18 years? When and how can we do it?
Act of Congress.
Thanks.
Trump would presumably veto any 2027 legislation that tried stopping him. To have a veto-proof majority in the Senate, the Democrats (or aligned independents) would have to flip literally every single one of the 22 Republican seats up for election. That's not happening. So this is a wish list for a Democratic trifecta in 2029.
Thank you. This was very helpful.
Thanks Kate & Steve, great information about bonds for arrested immigrants.
This was so good I played it twice to understand all the info… true patriots 😎
I’ve read the relevant law, the majority & dissent of the 5th Circuit case, and some of the other district court decisions. Both Prof Vladek and the interviewer, in my opinion, grossly overstate the clarity of the “right answer “ as to what the statute means. It strikes me as actually a close call, with both sides having decent arguments on how to interpret a badly written statute. It is very far from clear, IMHO.
But the 135,000 are not beds, they're concrete floor spots.
On Steve's "wish list" point of getting the immigration courts out of Article III, that's a tough one thanks the late Chief Justice Warren Burger's push for the 1982 Marathon Oil decision, which held that without lifetime tenure (which was never a realistic option) decisions of Article III bankruptcy judges were not entitled to full faith and credit etc. And while Congress ultimately adopted a nice workaround for the bankruptcy courts, thru ehich judges serve for fixed 14 year terms etc, Marathon will require a huge lift in order to give immigration judges the authority to stand up to rogue administrations.
And without it, immigration judges being given a great deal of statutory authority they currently lack, they are subject to being fired at the whim of the sitting Administration, and they sadly know it.
I found this a helpful quick wrap up to put framework around this particular brand of intentional regime cruelty. I like it when you explain particular things about diff. circuit courts, too. I just knew that I had a pit in my stomach whenever the Fifth Circuit was mentioned. My general angst has been defined better, and seeing it more clearly makes it less scarily unfamiliar.
Thank you!
Question: What happens to immigrants who land in U. S. territories? Are they on the back burner b/c the leader doesn't quite know about the territories, or do they not attract immigrants b/c territories don't get the services the 50 states get? Just curious, prob. because of the halftime show...
I know this is not about immigration, can Ms Maxwell plead the Fifth Amendment to the constitution, while a prisoner in Texas, while testifying in Congress although as I have said she is a prisoner?
So Liam Ramos and his father are safe!
Steve -
In the last seconds, if I heard correctly, you mentioned a lawyer who committed self immolation over their load of habeas cases. I can't find anything about that. Can you clarify that please? Thank.
I meant it proverbially, not literally: https://www.nytimes.com/2026/02/04/us/politics/prosecutor-immigration-outburst.html
Ah! Okay, thanks! I am very relieved to find that, once again, I took things too literally.
Thank you for this podcast, One First , I saw on PBS last Month explaining the latest developments of a lawsuit filed by This administration and how the law enforcement agencies are using their powers to make arrests against minorities and migrants. Please subscribe to ONE FIRST.
they must PAY for the bond...they must wait for a "bond"hearing (while being held in detention). And you must be able to come up with bond money... just bc you apply it is still a major roadblock, even for innocent, legal people.