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Courtney Waller's avatar

They are using the Alien Enemies Act, not the Sedition Act. This is actually way more important than just nitpicking, I promise. The sedition Act of 1798 was repealed in 1801. There was a second version that appeared in 1918, that was repealed in 1920. So, there is no Sedition Act that exists. The reason this is important is because they are using an untested legal theory to invoke Alien Enemies. This is why the executive orders on invasion, national emergency and Tren de Aragua as a terrorist org are important. It's also important that Biden also named them a terrorist org. Trump went further and said they were directly tied to Venezuelan president Nicholas Maduro. This doesn't exist in a vacuum. ( I wrote about this in depth when the Act was invoked) The issue here is that the court has never actually decided this issue. Now, Ludecke v. Watkins did say that Alien Enemies could be invoked if there was not actual war. I don't' agree that this current situation is what the ruling had in mind. But, it exists and the argument isn't as far fetched or out of legal bounds as people are claiming it is. If this is allowed to stand, it will be way more far reaching than just the issue of immigration. I can not stress enough that not everything they are doing is just to be bat shit crazy, even if it seems that way. This has been methodical since day one. They are testing really obscure legal theory to ultimately legislate from the Executive Branch. And there are some things, like this....that are not promised to be shot down if it gets to SCOTUS. We throw 'Constitutional Crisis' around a lot these days, but the Alien Enemies Act showdown is as close to a nation altering case as we have seen in decades. Even more important than Roe. (and Roe was HUGE)

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Saralyn Fosnight's avatar

I agree, if that helps.

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