My biggest objection to today’s habeas decision from SCOTUS is its potential over breadth. The actual judgment of the Court-that the Constitution’s Suspension Clause was not violated AS APPLIED to the noncitizen in this case, was 7-2. Not close. https://www.supremecourt.gov/opinions/19pdf/19-161_g314.pdf

For an understanding of how habeas may not extend to a person in Thuraissigiam’s position challenging a negative credibility finding in expedited removal proceedings, see the Breyer/Ginsburg concurrence. Also note the frequent reliance on the words of Chief Justice Roberts lol.

Funny how the majority opinion’s analysis rests upon an originalist view of habeas corpus. Justice Thomas unintentionally illuminates the fallacy of originalism by providing an alternative view of habeas’ legal history . https://www.supremecourt.gov/opinions/19pdf/19-161_g314.pdf

To me, the conclusion to be reached here today is that a negative credibility finding in the expedited removal proceedings by a person apprehended at or near the border cannot be contested in federal court through the vehicle of habeas corpus. https://www.supremecourt.gov/opinions/19pdf/19-161_g314.pdf

The fear of over breadth is also contained in the Breyer/Ginsburg concurrence—that this ruling could be used to keep those snared by EXPANDED or ROGUE use of expedited removal from the courthouse door.

The real danger is what our future holds if we do not vote @realDonaldTrump out of office & into history’s dustbin. Trump wants @ICEgov agents to be able to arrest ANYone off ANY U.S. street who they believe crossed over the border w/out inspection as far back as 2yrs earlier.