OA263: Nielsen v. Preap and Due Process Due Aliens

Published: March 22, 2019, 4 a.m.

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Today\'s breaking news episode contains your guide to the hotly-debated Supreme Court decision in\\xa0Nielsen v. Preap, regarding how and whether aliens can be detained without due process.\\xa0 What does it all mean?\\xa0\\xa0Listen and find out!

We begin, however, with a brief update on the Congressional Investigations we discussed in Episode 259 with the news that Hope Hicks will cooperate.\\xa0 Listen to our past episode if you don\'t realize how huge this is.

Then, we move on to some news regarding a recent order handed down by Judge Kollar-Kotelly in the District Court for the District of Columbia with respect to the trans ban.\\xa0 We dive into the unique procedural issues giving rise to this order and tamp down on your enthusiasm that this may put the trans ban in jeopardy.

Then, it\'s time for our main segment breaking down\\xa0Nielsen v. Preap.\\xa0We tell you exactly what this decision means along with the reasons why the Court reached the result it did.

But that\'s not all!\\xa0 After that, we have our weekly trip to Yodel Mountain with two items:\\xa0 (1) an Andrew Was Right about the source of the\\xa0National Enquirer\'s acquisition of compromising material about Jeff Bezos; and (2) a follow-up on the New York indictment of Paul Manafort.

And if all that isn\'t enough for you, well, we end, as always, with a brand new Thomas Takes the Bar Exam Question #119 involving long-term contracts for the sale of wheat.\\xa0 As always, remember to follow our Twitter feed (@Openargs) and like our\\xa0Facebook Page\\xa0so that you too can play along with #TTTBE!

Appearances
None!\\xa0 If you\'d like to have\\xa0either of us as a guest on your show, drop us an email at\\xa0openarguments@gmail.com.

Show Notes & Links

1. First discussed trans ban back in\\xa0Episode OA: 247
2. We were assisted by Alice Ashton \\u2013 trans Arabic linguist who contributed to the Advocate article located here\\xa0and by Deirdre Anne Hendrick.
3. Here is a link\\xa0to Directive-Type Memorandum (DTM) 19-004.
4. Pre Show:\\xa0Hicks to cooperate. This is HUGE!
5. 1/4 \\u2013 DC Cir. Reversed and\\xa0vacated the injunction.
6. 1/22 \\u2013 Supreme Court lifted the stays in two of those cases. We covered it the next day on Episode\\xa0OA: 247.
7. Next day, on 3/8, the government filed a\\xa0notice\\xa0and this is the Plaintiffs\\u2019\\xa0response.
8. Here is the\\xa0link\\xa0DC Circuit\'s Opinions issued 3/8
9. Judge Kollar-Kotelly\\u2019s\\xa03/19 Order
10. 3/20 Gov\\u2019ts Motion to\\xa0Clarify
11. Nielsen v. Preap is linked\\xa0Here
12.\\xa08 U.S.C. \\xa7 1226(a) vs. (c) \\u2013 1952
13. Demore v. Kim, 538 US 510 - Supreme Court 2003
14. Wall Street Journal article\\xa0on Becker/Bezos
15. CHN article\\xa0on the problems with New York\\u2019s double jeopardy.

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