Pertinent summary of the constitutional basis for habeas corpus and its suspension,[1] and of the Habeas Corpus Suspension Act,[2] which may provide good background for the folks here:
Habeas corpus is one of a class of legal vehicles known as extraordinary writs. Many of the ones that survive in American law (primarily in state courts — federal law has abolished writs like audita querela, coram nobis, coram vobis, etc.) tend to be appellate in nature, yet typically original actions in the appellate court. For example, writs of prohibition, mandamus, and certiorari are alive and well. Habeas and quo warranto (still common and used to challenge a governmental official's right to hold the office) are extraordinary writs and original actions, but usually initiated in the court of first instance (i.e., trial court).
The Annotated Constitution (see first link) is an excellent resource and worth bookmarking.
tocs3 · 2h ago
It is worth remembering that habeas corpus is written into the US Constitution. It can and has been suspended but are we really facing the same dangers now?
The Constitution is pretty clear that invasion or rebellion is required; this threatened move seems to suffer from the same infirmities as the Administration's attempt to use the Alien Enemies Act (against which the federal courts are pushing hard).
cosmicgadget · 1h ago
And tariffs are an Article I power.
BLKNSLVR · 2h ago
What happens when all the immigrants are finally deported but the MAGA base are worse off than before?
Why are the various polls only showing mid-50% disapproval of Trump rather than 90+%?
I'm as cynical as the next guy, and I know the ol' bell curve truth of 50% of the population are of below average intelligence, but I think I've miscalculated the level of intelligence needed to identify basic consequences and cause and effect.
What I find funny is that it's not the immigrants getting the 'free ride' on the backs of the MAGA base. The MAGA base has been getting a free ride off the backs of the scientists and intellectual leaders that the US was able to attract since WWII, and what they've been able to build as a result of that.
Trump is alienating the shoulders upon which the rest of the US stood (scientists, researchers, and thought leaders) as well as, the immigrant community that are in the US to learn to be the scientists, researchers and thought leaders of the future or to do some of the jobs that non-immigrants don't want to do.
There is no end game that doesn't leave the US as the memory of the shadow of its former self.
k310 · 1h ago
Marisa Kabas [0]
@marisakabas.bsky.social
· 11h
I’m told they were stopping people at this intersection and asking them for their papers.
If they believed that deportations by any means necessary were detrimental or unethical, they would not have voted for him.
Expect his approval to remain steady until his supporters are personally impacted.
IAmGraydon · 1h ago
>If they believed that deportations by any means necessary were detrimental or unethical, they would not have voted for him.
Is this sarcasm? If recent events have shown us anything, it’s that his base is willing to throw ethics and indeed the entire constitution into a fire if it gets them what they want.
lwo32k · 35m ago
> scientists and intellectual leaders
Aren't they obviously over rated and over valued if they allow a Trump to become the leader of society in the first place?
krapp · 29m ago
No, they're underrated and undervalued. No one listens to them, no one trusts them and they have less cultural influence than memes and social media influencers.
The brainrot has gotten so bad that HN, a forum of what are supposed to be intelligent, educated, technically adept people qualitatively "better than Reddit", will tend towards the anti-science/pro conspiracy interpretation of events more often than not.
Seems like suspending habeus corpus writs would be a genuinely bad idea for a free society such as ours.
BLKNSLVR · 2h ago
Stephen Miller is no friend to any free society.
In fact, what's going on at the moment raises questions as to how free the US has ever been as a society. Or at least how free US citizens have wanted it to be.
[1]: https://constitution.congress.gov/browse/essay/artI-S9-C2-1/...
[2]: https://en.wikipedia.org/wiki/Habeas_Corpus_Suspension_Act_%...
Habeas corpus is one of a class of legal vehicles known as extraordinary writs. Many of the ones that survive in American law (primarily in state courts — federal law has abolished writs like audita querela, coram nobis, coram vobis, etc.) tend to be appellate in nature, yet typically original actions in the appellate court. For example, writs of prohibition, mandamus, and certiorari are alive and well. Habeas and quo warranto (still common and used to challenge a governmental official's right to hold the office) are extraordinary writs and original actions, but usually initiated in the court of first instance (i.e., trial court).
The Annotated Constitution (see first link) is an excellent resource and worth bookmarking.
https://en.wikipedia.org/wiki/Habeas_corpus_in_the_United_St...
Why are the various polls only showing mid-50% disapproval of Trump rather than 90+%?
I'm as cynical as the next guy, and I know the ol' bell curve truth of 50% of the population are of below average intelligence, but I think I've miscalculated the level of intelligence needed to identify basic consequences and cause and effect.
What I find funny is that it's not the immigrants getting the 'free ride' on the backs of the MAGA base. The MAGA base has been getting a free ride off the backs of the scientists and intellectual leaders that the US was able to attract since WWII, and what they've been able to build as a result of that.
Trump is alienating the shoulders upon which the rest of the US stood (scientists, researchers, and thought leaders) as well as, the immigrant community that are in the US to learn to be the scientists, researchers and thought leaders of the future or to do some of the jobs that non-immigrants don't want to do.
There is no end game that doesn't leave the US as the memory of the shadow of its former self.
Migrant Solidarity Mutual Aid @dcmigrantmutualaid.org · 12h
ICE activity reports for 5/9: Activity reported at
- Fort Totten Dr & Gallatin St NE at 8:00AM
- 5 officers - 3 ATF, others federal police
- 4 unmarked black cars with VA tags
- At least one person detained
Search and seizure?
[0] https://bsky.app/profile/marisakabas.bsky.social/post/3loqls...
Expect his approval to remain steady until his supporters are personally impacted.
Is this sarcasm? If recent events have shown us anything, it’s that his base is willing to throw ethics and indeed the entire constitution into a fire if it gets them what they want.
Aren't they obviously over rated and over valued if they allow a Trump to become the leader of society in the first place?
The brainrot has gotten so bad that HN, a forum of what are supposed to be intelligent, educated, technically adept people qualitatively "better than Reddit", will tend towards the anti-science/pro conspiracy interpretation of events more often than not.
In fact, what's going on at the moment raises questions as to how free the US has ever been as a society. Or at least how free US citizens have wanted it to be.