Again, Team Tangerine sought to mis-apply a "war power" statute -- contorting it beyond recognition -- to run deportation pogroms. This gambit is now enjoined, nationwide. Here's a bit of the powerfully-reasoned 65 pager:
. . .According to Petitioners, the Proclamation exceeds the President's "statutory authority in three critical respects." ECF No. 2 at 11. First, there is no "invasion or predatory incursion." Id. Second, any purported invasion is not perpetuated by a "foreign government or nation." Id. And third, there is "no process to contest whether an individual falls within the Proclamation." Id. Skepticism of the Proclamation's contrary findings is required, Petitioners urge, to the point of satisfying their first TRO burden. Id.; see also M.G., 117 F.4th at 1238. The Court agrees.
Petitioners' first argument, see ECF No. 2 at 12, proceeds from a straightforward premise. The President's authority under the Proclamation is "vested" under the Act. The Act demands, as a "statutory requirement," an "invasion or predatory incursion." ECF No. 12; 50 U.S.C. § 21. And because the Act's "text and history" use these terms "to refer to military actions indicative of an actual or impending war" -- not "mass illegal migration" or "criminal activities" -- the Act cannot sustain the Proclamation. ECF No. 2 at 12-13. The Court agrees with Petitioners. . . .
Excellent! And Musk will now need to step away from 1600 Penn / DOGE -- since Tesla's Q1 results reveal a company. . . in free-fall. That is about 75% of Elon's remaining net worth -- and he owes the independent public shareholders his full time efforts, under applicable fiduciary duty doctrines there now.
As I say. . . excellent, indeed.
नमस्ते
No comments:
Post a Comment