rationally BASED

Episode 3 | Habeas Corpus Chaos


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Our hosts, law professor Ilan Wurman and Kathryn Johnson and Grace Keating, start this episode with a lightning round of legal news. Learn why it's totally fine for the Supreme Court to be "secretive" (whatever that means). Our hosts discuss a DEI victory for the Trump Administration and a judge's concurring opinion to his own opinion, and why it seems so hard from some liberal judges to keep their politics out of their rulings. Hear about the constitutional distribution of power over elections. And our hosts break down a tentative Trump victory over whether California can require federal officers to wear face masks. The episode then takes a deep dive into the controversial Fifth Circuit ruling that held immigrants illegally in the country must be detained prior to deportation, the flood of habeas corpus petitions that the ruling my stanch, and why the Fifth Circuit is probably right but it's a hard question of statutory interpretation (even if it's not hard as a matter of common sense). Finally, as promised, our hosts begin their discussion of birthright citizenship.

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rationally BASEDBy Center of the American Experiment