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Cake day: June 18th, 2023

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  • Kilmar Abrego Garcia does not really have a “legal” status, as he has an active final deportation order, with withholding of removal to El Salvador only.

    He can be legally deported to a third country (not El Salvador) that will take him. Pursuant to the supreme court’s decision yesterday, he can apparently be deported to these third countries with no advance notice whatsoever.

    Of course, deportation would make it hard to appear in Tennessee for his felony case. But that hasn’t stopped ICE before. People have been arrested for failure to appear in criminal cases, because they entered ICE detention.



  • Before the 13th amendment, Lincoln formally ended slavery in the Union with the Emancipation Proclamation.

    But even before that, from 1861, the Union Army made it a policy to seize slaves that it captured as contraband (or prize) of war, and then effectively emancipate then.

    In general, even after the emancipation proclamation, slaves did not get actual freedom until the Union forces reached them.

    So it was a complicated and messy process.








  • This lawsuit is on a really narrow ground: the law says that when the president calls up a state guard into federal service, the orders must issue through the state governor.

    In this case, the President wrote the words “Through: The Governor of California” at the top of the memos. But he never actually sent anything to Gavin Newsom, or gave California any formal notice at all.

    This suit also doesn’t challenge the active duty marines, which are indisputably under Trump’s chain of command. But they can’t do domestic law enforcement unless the Insurrection Act is invoked (it hasn’t, formally).