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Items tagged with: ludecke

The #Trump #DOJ atty just told the judge she is incorrectly reading #Ludecke. 🤦🏼‍♀️

Ryan Goodman noted that Judge #Boasberg in his ruling this morning correct interprets Ludecke.

“Chief Judge Boasberg read landmark Supreme Court case of Ludecke the right way!

“Ludecke Court assessed the factual question of whether WWII terminated.

“So too can courts assess Trump ‘invasion’ etc claims.”

#AlienEnemiesAct #immigration #law

The Supreme Court's decision in Ludecke provides the crucial jumping-off point for determining which, if any, predicates to the Alien Enemy Act's use are justiciable.… The Ludecke Court, however, did not say that deciding whether a war had ended was a political question that the judiciary was unempowered to resolve. Instead, it interpreted “declared war," defined its termination based on that construction, and decided as a factual matter whether such termination had occurred.… In light of Ludecke and the political-question doctrine's principles thus far explained, this Court is confident that it can — and therefore must, at the appropriate time — construe the terms “nation," "government," "invasion," and "predatory incursion."
#Trump #law #doj #immigration #AlienEnemiesAct #boasberg #ludecke

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