A new poll shows that the oldest voters in the United States are actually more likely to support Trump than any other generation. The Supreme Court hears arguments on whether to allow books with LGBTQ themes in elementary schools. Marco Rubio is skipping a meeting with EU and Ukrainian officials in London.
00:12:27.900So I guess the question, then, Will, I would have to say is, is the Supreme Court coming in and saying that the district court is right,
00:12:34.540that the president does have this authority, or could it be that the Supreme Court is coming in and potentially showing some signs of daylight
00:12:43.620that they might be looking at overturning this law on constitutional grounds?
00:12:48.140I don't think they have any basis to overturn this law on constitutional grounds, and I don't think anybody's honestly making that argument.
00:12:56.440So I think that to the extent there's an argument that the plaintiffs are trying to make,
00:13:01.420they're trying to make this argument that not that the law is invalid, but that the president's findings are insufficient,
00:13:07.540meaning the president's wrong to say there's an invasion.
00:13:09.820So therefore, he's not allowed to invoke this act.
00:13:12.480That's the basic plaintiff argument, as I understand it.
00:13:16.000It's a pretty ridiculous argument to say that this statute is unconstitutional.
00:13:20.480I mean, it was not only does it obviously fit squarely within the powers of the president under Article 2 to deal with our foreign affairs,
00:13:28.220to respond, to declare, handle, be the commander in chief of the military, et cetera.
00:13:31.740But it's also the fact that it's an old law is actually a really good indicator that it is constitutional,
00:13:39.560because it's the very founding generation that wrote the Constitution and that ratified the Constitution that passed this law.
00:13:47.000If they thought it was unconstitutional, it would have gone away long ago, but it never did.
00:13:50.680It's been on the books since the founding in the same way that, as you say, the Bill of Rights has been on the books since the founding.
00:13:56.520So, you know, I don't think you're ever going to see a world where they find it unconstitutional.
00:14:02.020But I think the thing there is something to understand here.
00:14:04.640The Supreme Court hasn't really ruled much on the Alien Enemies Act other than what they did in overturning James Bosberg.
00:14:12.200In that ruling where they said James Bosberg in D.C. had no jurisdiction, they said that there does need to be notice,
00:14:21.000individualized notice to the people who are about to be removed pursuant to the Alien Enemies Act,
00:14:27.940and they need to have a sufficient amount of time to file a habeas corpus claim.
00:14:32.900That's the extent of what the Supreme Court has said about the Alien Enemies Act.
00:14:36.620They haven't said anything about, you know, overturning the president's finding that there is an invasion or predatory incursion.
00:15:33.800Here we are back live, Washington, D.C., Human Events.
00:15:37.520We're on with Will Chamberlain, the senior counsel of the Article 3 project.
00:15:41.320He's walking us through this highly controversial and obviously high profile Supreme Court case, as well as a number of cases involving the deportation of illegal aliens.
00:15:50.680So, Will, walk us through what the next steps are for the Trump administration as pertains to the Alien Enemies Act.
00:15:58.320And really, when it comes down to it, we've got to get these people out of the country.
00:16:01.440And I think people just want to see the faucet turned back on.
00:16:04.280I want to see the planes taking off of the runways.
00:16:33.700The DOJ will have to appeal this district court holding about the Alien Enemies Act being not properly invoked or, you know, the invocation being invalid.
00:16:45.960That has to get state – the injunction against the administration will have to get state itself.
00:16:50.640So, there's just – there's a few things that have to happen if, you know, the court is going to – if the Trump administration is going to get these Alien Enemies Act deportations to continue.
00:16:59.220The sort of interesting thing is it really depends on what kind of hangups, you know, the Supreme Court and these other courts put on the Alien Enemies Act could mean that it's no longer the most efficient way to get people out of the country because depending on what kind of individualized determinations are required and how much notice is required, it might just be more efficient to remove them based on the fact that they're simply illegal immigrants and go through the normal removal process.
00:17:24.200So, rather than create this separate process to fast track it, it would still – it would create like a double the overhead basically in terms of administrivia.
00:17:36.220So, might as well just leave them on the same track anyway, which they're already speeding up.
00:17:40.380I mean, look, you know, I said this before, you know, I was kind of cracking a joke about it, but back when we were at the Eagles games in last year and we got sent to Eagles jail,
00:17:52.760you know, they used to have so many fights at the Eagles stadium that they would just have a magistrate that was basically there at the stadium to, you know, adjudicate all of these things that would go on.
00:18:02.740I said, look, just have them go out – and Poland does this, by the way, what Poland does to get around some of this stuff, not to get around it, but just from a practical matter,
00:18:09.860they'll have a magistrate judge go out with border patrol so that when they catch somebody, they can actually have the hearing right there.
00:18:17.880Here's your hearing. Here's your due process. You have – you know, you're making a claim. Okay, you have no way to back that up, and off you go.
00:18:24.720And, you know, it's something like that. So, I – there are very creative ways that we can all get with this, and there are lots of best practices.
00:18:33.340Oh, I see they're showing the picture of me and my brother in Eagles jail yet again.
00:18:37.360We were not arraigned. We were not arraigned.
00:18:38.820We were able to free – to walk free of our own recognizance.
00:18:43.620The other people, of course, ended up in the hospital.
00:18:45.740But, Will, I mean, do you think there are perhaps creative measures that could be employed here?
00:18:51.160Yeah, I mean, I think it's as simple as – you have to realize that due process does not mean the same thing in all circumstances,
00:18:57.600and that the, you know, non-citizens are not entitled to – if you're saying a non-citizen is entitled to due process
00:19:04.040doesn't mean they're suddenly entitled to a full trial and proof beyond a reasonable doubt.
00:19:07.940No, no, no, no. You're an illegal alien.
00:19:09.840You know, there's a great Law Review article on this by a former Judge Henry Friendly
00:19:14.240who said you're entitled to some kind of hearing, and what that looks like can be very, very truncated and very, very limited.
00:19:19.820And I wouldn't be surprised to see that, you know, basically a kind of new process formed where, you know,
00:19:26.280we should actually spend a lot more money on immigration judges, get more immigration judges,
00:19:30.200more immigration courts going, and more efficient processes where, you know,
00:19:36.100you get your five-minute hearing where, you know, the judge looks at you and is like,