- Strom Thurmond protege calls bullshit on the Trump DOJ in the Alien Enemies Act case Archived Message
Posted by ATL
on March 26, 2025, 16:17:11, in reply to "March politics thread"
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https://storage.courtlistener.com/recap/gov.uscourts.cadc.41844/gov.uscourts.cadc.41844.01208724047.0_3.pdf What evidence does the government muster against the weight of this evidence? It marshals a lone contemporary dictionary and then plucks the third-order usage of the term after skipping over its (still) more common military meaning. See Gov’t Br. 17 (citing Invasion, sense 3, Black’s Law Dictionary (12th ed. 2024)). But see id., sense 1 (“[a] military force’s hostile entry into a country or territory”); cf. District of Columbia v. Heller, 554 U.S. 570, 577 (2008) (“Normal meaning . . . excludes secret or technical meanings that would not have been known to ordinary citizens in the founding generation.”). .... The government finds no safer refuge in the alternative “predatory incursion.” The government defines the term as “(1) an entry into the United States, (2) for purposes contrary to the interests or laws of the United States.” Gov’t Br. 18. And it explains that illegal immigration and drug trafficking readily qualify under that standard. As before, the government misreads the text, context and history. An incursion is a lesser form of invasion; an “[a]ttack” or “nvasion without conquest.” Samuel Johnson, Incursion, senses 1 & 2, A DICTIONARY OF THE ENGLISH LANGUAGE (4th ed. 1773). Its predatory nature includes a “[p]lundering,” such as the “predatory war made by Scotland.” |
- tvillini March 27, 2025, 11:45:41