Robert Chang

@korematsuctr.bsky.social

Professor of Law and Sylvia Mendez Presidential Chair for Civil Rights; founder and Executive Director, Fred T. Korematsu Center for Law and Equality at UC Irvine School of Law. Teacher, civil rights attorney, writer.

This entire argument by Louisiana and the conservatives questions are premised on an erasure of Congress’ enforcement power under the 14th & 15th Amendments. Literally swinging for the fences to wipe out the premise for the legitimacy of Congress’ power to enact civil rights statutes.

Tomorrow, SCOTUS hears argument in Chiles v. Salazar, a challenge to CO's ban on conversion therapy for minors. The Korematsu Center, joined by other race centers, filed an amicus brief supporting CO. We remind Court that First Amendment was asserted to challenge civil rights for racial minorities.

WE WON: "This case -– perhaps the most important ever to fall w/in..this district court squarely presents the issue whether non-citizens lawfully present here in US..have the same free speech rights as the rest of us. The Court answers this Constitutional question unequivocally “yes, they do.”"

Supreme Court Rules 6-3 That Fundamental Interests Of United States Of America Would Be Irreparably Harmed If It Race-Based Harassment And Detention By Masked Thugs Were Even Temporarily Halted

On the absurd DOJ argument that Mr. Abrego Garcia should be held in criminal custody because otherwise ICE might deport him, the judge notes that “At bottom, the Government asks the Court to save it from itself because it may suffer irreparable harm completely of its own making.”

Government emphasizes that absent a stay, it will incur the irreparable injury of
Abrego possibly facing deportation from the United States pursuant to the immigration detainer lodged against him by DHS. If deported, the Government argues, the Department of Justice will
be deprived of the opportunity to pursue its criminal charges against Abrego. (Doc. No. 46 at 4).
At bottom, the Government asks the Court to save it from itself because it may suffer irreparable harm completely of its own making. This contravenes basic legal understanding of what constitutes "irreparable" harm for this analysis. See Sampson v. Murray, 415 U.S. 61, 90 (1974)The Government concedes that Abrego's impending deportation "would not be instantaneous." (Doc. No. 54 at 7). But this underscores who the Department of Justice should be
making these arguments to: DHS. If the Government finds this case to be as high priority as it
argues here, it is incumbent upon it to ensure that Abrego is held accountable for the charges in the Indictment. If the Department of Justice and DHS cannot do so, that speaks for itself.
Accordingly, this factor counsels against a stay, and all but dooms the Government's motion. See D.T. v. Sumner Cnty. Schs., 942 F.3d 324, 326-27 (6th Cir. 2019) ("even the strongest showing
on the other three factors cannot eliminate the irreparable harm requirement") (citation and
quotations omitted).
Anna Bower@annabower.bsky.social · last yr.

Judge Crenshaw denies the government’s motion for a stay of the magistrate judge’s forthcoming release order in the Kilmar Abrego Garcia case. storage.courtlistener.com/recap/gov.us...

Today’s unsigned, unexplained #SCOTUS ruling clearing the way for removals of migrants to third countries without any additional process is a disaster—not just on the merits, but because of the government misbehavior that it not only refuses to punish, but effectively rewards. Me, via “One First”:

161. The Court's Disastrous Ruling in the Third-Country Removal Case

The majority did not just greenlight an especially odious immigration policy without any explanation; it did so in a case in which the government defied the district court—twice—with no consequence.

stevevladeck.com

Well - I had to cancel my ticket to see an early screening of the new John Wick spinoff this evening because of a last-minute amicus filing. No regrets. I'll get to the theater in the next week or so to see the film. Working to fight executive overreach isn't something that can wait.

It was a privilege to work with co-counsel to represent @jacl-national.bsky.social and the 63 other organizations that signed onto this brief with an urgent reminder to the court and to educate the public about the terrible things that can result when courts fail to check Executive overreach.

Asian Law Caucus@asianlawcaucus.org · last yr.

On behalf of @jacl-national.bsky.social and 60+ organizations, @asianlawcaucus.org, @aaaj-aajc.bsky.social and the Fred T. Korematsu Center for Law and Equality filed an amicus brief asking the court to preserve the essential right to due process and ensure judicial review of executive orders.