Friday, April 30, 2021

A Win For Immigrant / Arrivals, And Asylum Seekers -- At The Supremes: With The Conservative Gorsuch Writing A 6-3 Majority Opinion


We had not mentioned this case before. But it is correctly-decided, and a win for people seeking to remain in the US.

It properly stems from the time when Tangerine tried to make every tecnicality a means to immediately deport people without papers, or those in the process of contesting whether they had the proper ones. That two conservatives were in the majority (one of them authoring the opinon!). . . tells us that this law was very clear: the government cannot cut corners, in situations where it insists that migrants and asylum seekers strictly adhere to the rules. The government must do so, as well:

. . .At one level, today’s dispute may seem semantic, focused on a single word, a small one at that. But words are how the law constrains power. In this case, the law’s terms ensure that, when the federal government seeks a procedural advantage against an individual, it will at least supply him with a single and reasonably comprehensive statement of the nature of the proceedings against him.

If [people] must turn square corners when they deal with the government, it cannot be too much to expect the government to turn square corners when it deals with them. . . .


We are thus smiling. . . the Court too is turning square corners, here. Excellent. . . onward, to the Class of 2034!

नमस्ते

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