In the case United States v. Texas the Supreme Court decided 8-1 in favor of the Biden administration’s deportation policy it instituted in 2021. The case results from a “Department of Homeland Security policy that prioritizes certain groups of illegal immigrants for arrest and removal — namely, suspected terrorists, dangerous criminals, and those recently caught at the border” reports National Review.
Justice Brett Kavanaugh, writing for the majority, explained that “the States essentially want the Federal Judiciary to order the Executive Branch to alter its arrest policy so as to make more arrests.”
In a memo, Secretary Alejandro Mayorkas explained DHS does not have the resources to apprehend and deport all of the 11 million illegal immigrants living in the U.S. Texas and Louisiana claimed that this violated federal statutes that purportedly require DHS to arrest more illegal immigrants pending their removal.
“To be clear, our…decision today should in no way be read to suggest or imply that the Executive possesses some freestanding or general constitutional authority to disregard statutes requiring or prohibiting executive action,” wrote Kavanaugh, clarifying that this case is narrow and pertains only to the executive branch’s traditional discretion over whether to take enforcement actions against violators of federal law.
Kavanaugh also noted that the states cite no precedent, calling the lawsuit “extraordinarily unusual.” Kavanaugh was joined in his opinion by Chief Justice Roberts as well as Justices Sonia Sotomayor, Ketanji Brown Jackson, and Elena Kagan.
Only Justice Samuel Alito dissented, writing, “This sweeping Executive Power endorsed by today’s decision may at first be warmly received by champions of a strong Presidential power, but if Presidents can expand their powers as far as they can manage in a test of strength with Congress, presumably Congress can cut executive power as much as it can manage by wielding the formidable weapons at its disposal. That is not what the Constitution envisions.”
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Historic House Vote Expels Rep. George Santos Amidst Scandal
In a turn of events, the House of Representatives made history on Friday with a vote to expel Rep. George Santos (R-N.Y.), marking the first such expulsion in over two decades. A moment fraught with gravity unfolded as Speaker Mike Johnson wielded his gavel to formalize Santos’ removal, setting a precedent in congressional annals.
Santos, indicted on 23 counts related to wire fraud, identity theft, and other charges, has not faced conviction but stands accused of misusing campaign funds for opulent purchases. The bipartisan vote, tallying 311 to 114, signaled robust support for expulsion, with a marginally higher number of Republicans opting to retain Santos.
Questions loomed as Speaker Johnson left the chamber, his silence leaving the fate of the ongoing government spending battle uncertain. According to reports from Fox News, Democratic Rep. Steny Hoyer emphasized the non-partisan nature of the decision, asserting that members concluded Santos had tarnished the House’s reputation and was unfit for representation.
Within the GOP, conflicting opinions emerged, with Rep. Darrell Issa arguing against expulsion, citing the presumption of innocence. The tight-lipped stance of the House Ethics Committee played a pivotal role in the deliberations.
Conversely, members of the New York Republican delegation, led by Rep. Marc Molinaro, asserted Santos’ commission of crimes, justifying expulsion based on a comprehensive investigation.
Santos himself predicted the outcome in an exclusive morning interview on “FOX & Friends.” This vote not only underlines the House’s rare use of expulsion powers but also sets a critical precedent in handling members facing severe legal challenges.
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