photo #8148675

The New View With Robeshttps://imgflip.com/i/9q7dqjCheck out this bit from Justice Sotomayor:“The plaintiffs in this case sued not to challenge their detention, but to protect themselves from summary deportation pursuant to the Proclamation. Indeed, because all of the plaintiffs were already in immigration detention under other statutes when the Government subjected them to the Proclamation, they have repeatedly emphasized throughout this litigation that they do not seek release from custody and are not contesting the validity of their confinement or seeking to shorten its duration. The plaintiffs in this case sued not to challenge their detention, but to protect themselves from summary deportation pursuant to the Proclamation. Indeed, because all of the plaintiffs were already in immigration detention under other statutes when the Government subjected them to the Proclamation, they have repeatedly emphasized throughout this litigation that they do not seek release from custody and are not contesting the validity of their confinement or seeking to shorten its duration.” (internal quotations omitted, emphasis ours)So, they aren’t seeking relief under habeas? That means we’re done here. Those presidential powers are NOT subject to judicial review.When a statute “precludes judicial review” that means that the law says the courts can’t review the action. The AEA is a wartime power, as Kavanaugh said in his concurrence:“In the extradition context and with respect to transfers of Guantanamo and other wartime detainees, habeas corpus proceedings have long been the appropriate vehicle… That general rule holds true for claims under the Alien Enemies Act, the statute under which the Government is seeking to remove these detainees.”