The most prestigious law school admissions discussion board in the world.
|
 |
 
|
where the fuck is the new EO?
Poast new message in this thread
Date: February 26th, 2017 12:29 PM Author: Fiercely-loyal Sable Place Of Business Mediation Trump better not have been cucked. (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703553) |
Date: February 26th, 2017 12:34 PM Author: up-to-no-good purple address the hasty roll out is what fucked him last time. you should be happy he's taking his time with this one.
with that said, it will still be vulnerable to legal challenges no matter how they word it thanks to Trump's prior statements re: banning muslims while prioritizing christain refugees. it makes it easier to argue that the order is discriminatory AS APPLIED regardless of whether the text is religiously neutral. |
 |
Date: February 26th, 2017 12:36 PM Author: insecure messiness corn cake the best legal minds at jones day need a month to rewrite this damn thing? wtf
|
|
Date: February 26th, 2017 12:39 PM Author: up-to-no-good purple address Trump didn't do them any favors by specifically calling for a MUSLIM BAN before implementing the thing, not to mention saying that the harsh vetting would not apply to Christians. (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703597) |
|
Date: February 26th, 2017 12:41 PM Author: Pearl Arrogant Location We've always prioritized religious minorities (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703611) |
|
Date: February 26th, 2017 12:49 PM Author: up-to-no-good purple address we've never banned a religion though in conjunction with doing so (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703653) |
|
Date: February 26th, 2017 12:54 PM Author: Pearl Arrogant Location And we still haven't banned a religion. 85% of Muslims weren't covered by the EO (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703678) |
|
Date: February 26th, 2017 1:23 PM Author: up-to-no-good purple address its established case law that don't need to show that every member of a class is affected in order to show discriminatory intent (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703814) |
|
Date: February 26th, 2017 1:24 PM Author: Pearl Arrogant Location 85% though? That's not effective discrimination. (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703820) |
|
Date: February 26th, 2017 1:27 PM Author: up-to-no-good purple address tell it to the judge bro.
also, if i were you id be disappointed that my shit candidate fucked up all the nudge nudge wink wink discrimination you guys used to get away with. you're supposed to keep that stuff on the DL. Trump fucked it up by being all explicit about it. there's a ton of people in the GOP who are pissed at him for this. |
|
Date: February 26th, 2017 1:28 PM Author: Pearl Arrogant Location lol at your appeal to authority (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703854) |
|
Date: February 26th, 2017 1:32 PM Author: up-to-no-good purple address its very simple:
1. Constitution <-- means whatever judges say
2. Statutes <-- means whatever judges say and can't conflict w/ #1
3. Executive orders <-- means whatever judges say and can't conflict w/ #1 or #2 |
|
Date: February 26th, 2017 12:39 PM Author: Fiercely-loyal Sable Place Of Business Mediation lol at jones day (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703599) |
|
Date: February 26th, 2017 12:38 PM Author: razzmatazz karate milk Trumptards: "HE ISN'T A POLITICIAN, HE ISN'T AFRAID TO SAY EXACTLY WHAT HE FEELS!" (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703594) |
|
Date: February 26th, 2017 12:40 PM Author: up-to-no-good purple address and that's what fucked him
|
|
Date: February 26th, 2017 12:40 PM Author: Pearl Arrogant Location not a lawyer, but are judges supposed to consider the mindset of the person who wrote a law when deciding the constitutionality of said law? Like if President Cruz were proposing this it wouldn't be an issue (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703607) |
|
Date: February 26th, 2017 12:41 PM Author: Angry church building ratface Yick Wo v. Hopkins, 118 U.S. 356 (1886),[1] was the first case where the United States Supreme Court ruled that a law that is race-neutral on its face, but is administered in a prejudicial manner, is an infringement of the Equal Protection Clause in the Fourteenth Amendment to the U.S. Constitution.
https://en.wikipedia.org/wiki/Yick_Wo_v._Hopkins |
|
Date: February 26th, 2017 12:43 PM Author: Pearl Arrogant Location The equal protection clause doesn't apply to non-citizens not in the United States (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703627) |
|
Date: February 26th, 2017 12:45 PM Author: Angry church building ratface The due process clause does. You're not a lawyer. I'd suggest sticking with asking the questions. (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703634) |
|
Date: February 26th, 2017 12:46 PM Author: up-to-no-good purple address yes it does. from the Yick Wo link:
"Even though the Chinese laundry owners were usually not American citizens, the court ruled they were still entitled to equal protection under the Fourteenth Amendment."
https://en.wikipedia.org/wiki/Yick_Wo_v._Hopkins
Also, the EP clause specifically applies to PERSONS, not citizens:
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any PERSON of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
https://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution
|
|
Date: February 26th, 2017 12:48 PM Author: Pearl Arrogant Location We're talking about "people" not on US soil though. Aka not subject to jurisdiction of he US. The laundromat owners were obviously in the US (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703650) |
|
Date: February 26th, 2017 12:51 PM Author: up-to-no-good purple address they'll easily find a plaintiff in the US who is being deprived of DP and/or EP because their spouse is being prevented from entering the US due to their religion (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703660) |
|
Date: February 26th, 2017 12:56 PM Author: Spruce international law enforcement agency that was for former slaves (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703688) |
|
Date: February 26th, 2017 1:04 PM Author: up-to-no-good purple address and the term "Citizens" used to mean people who owned slaves or could own slaves. it means something else now. (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703724) |
|
Date: February 26th, 2017 12:43 PM Author: up-to-no-good purple address yes and no. the plaintiffs would still need evidence that's its actually being APPLIED in a discriminatory manner, i.e., an actual instance of this happening (which they'll be able to find). the gov't will then argue that the instance is merely coincidental, and that there was no discriminatory intent. the plaintiffs' lawyers will then point to this as evidence of discriminatory intent:
"Donald J. Trump is calling for a total and complete shutdown of Muslims entering the United States until our country's representatives can figure out what the hell is going on."
Trump says US will prioritize Christian refugees
http://www.cnn.com/2017/01/27/politics/trump-christian-refugees/index.html |
|
Date: February 26th, 2017 12:45 PM Author: Pearl Arrogant Location 1) EPC doesn't apply to people in Somalia 2) we've prioritized religious minorities for a long time. Look at the policy towards Jews in the USSR |
|
Date: February 26th, 2017 12:47 PM Author: up-to-no-good purple address 1) yes it does. see above.
2) this is the government's best argument |
|
Date: February 26th, 2017 12:50 PM Author: Pearl Arrogant Location "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. "
People in Somalia are not in the United States. |
|
Date: February 26th, 2017 12:50 PM Author: Angry church building ratface Not sure if serious (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703659) |
|
Date: February 26th, 2017 12:51 PM Author: up-to-no-good purple address keep reading
nor shall any State deprive any PERSON of life, liberty, or property, without due process of law; nor deny to any PERSON within its jurisdiction the equal protection of the laws." |
|
Date: February 26th, 2017 12:53 PM Author: Pearl Arrogant Location persons are people under the jurisdiction of the United States (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703673) |
|
Date: February 26th, 2017 12:54 PM Author: Angry church building ratface LOL (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703679) |
|
Date: February 26th, 2017 1:00 PM Author: up-to-no-good purple address a muslim and a christain both get off a plane from Somalia at JFK. us officials (whether law enforcement or the courts) permit the christian to enter the country but not the muslim. there's nothing else different about them aside from their religion (hell, let's make them twins for purposes of this exercise). this would be a violation of the EP clause since the government is not affording equal protection of the law to two persons within its jurisdiction. (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703713) |
|
Date: February 26th, 2017 1:26 PM Author: Pearl Arrogant Location The point is that they wouldn't be issued green cards to come to the US in the first place. Once they're here that's a different story (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703828) |
|
Date: February 26th, 2017 1:28 PM Author: up-to-no-good purple address sorry bro. if you're appearing before a US judge arguing that you were wrongfully denied entry, that's an issue that's within the judge's jurisdiction. (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703853) |
|
Date: February 26th, 2017 1:29 PM Author: Pearl Arrogant Location That's circular reasoning (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703860) |
|
Date: February 26th, 2017 1:33 PM Author: Charismatic Chapel Private Investor you clearly have no idea what you're talking about. why don't you try stfu for awhile? (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703878) |
|
Date: February 26th, 2017 1:28 PM Author: Indigo House-broken Indirect Expression Principal's Office if they're in custody of US officials they're absolutely under the jx of the US (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703850) |
|
Date: February 26th, 2017 12:40 PM Author: medicated senate dysfunction Barron's still drafting it (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703608) |
|
Date: February 26th, 2017 1:27 PM Author: Indigo House-broken Indirect Expression Principal's Office if he as a sailor is like my retired uncle is, he is 100% CONVINCED he's an expert on the Constitution because he spent years working for a JAG even though he didnt' have a college degree (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703839) |
|
Date: February 26th, 2017 1:32 PM Author: Glittery Area (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703872) |
|
Date: February 26th, 2017 1:30 PM Author: Charismatic Chapel Private Investor loved reading Jared Kushner tp's crack legal analysis ITT lmao (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703864) |
|
Date: February 26th, 2017 1:32 PM Author: Angry church building ratface Titclmao (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703870) |
|
Date: February 28th, 2017 2:38 AM Author: Fiercely-loyal Sable Place Of Business Mediation (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32717115) |
|
Date: February 28th, 2017 11:10 AM Author: Fiercely-loyal Sable Place Of Business Mediation (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32718559) |
|
Date: March 1st, 2017 12:10 PM Author: Fiercely-loyal Sable Place Of Business Mediation (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32727393) |
|
Date: March 2nd, 2017 10:15 PM Author: Fiercely-loyal Sable Place Of Business Mediation WHERE THE FUCK IS THE NEW EO? (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32740408) |
|
Date: March 3rd, 2017 8:14 AM Author: Fiercely-loyal Sable Place Of Business Mediation (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32742191) |
|
Date: March 3rd, 2017 8:34 AM Author: Charismatic Chapel Private Investor they'll release it after some bad news about the Russian investigation comes out (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32742262) |
|
Date: March 4th, 2017 8:42 AM Author: Fiercely-loyal Sable Place Of Business Mediation (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32749810) |
|
Date: March 4th, 2017 11:25 AM Author: Fuchsia stead He's too busy golfing and tweeting. (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32750663) |
|
Date: March 5th, 2017 10:38 PM Author: Fiercely-loyal Sable Place Of Business Mediation (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32762444) |
|
Date: March 5th, 2017 10:43 PM Author: Filthy jade meetinghouse gaping he's issuing a separate one for each port of entry. Takes a long time to sign all those. (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32762517) |
|
Date: March 16th, 2017 11:26 AM Author: up-to-no-good purple address (http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32843084) |