TDB: Trump’s Border Patrol Defies Judge, U.S. Senator at Dulles Airport as His First Constitutional Crisis Unfolds

Early in the evening, a huge piece of news broke: Two federal judges, Ann Donnelly of the Eastern District of New York and Leonie Brinkema of the Eastern District of Virginia, had made rulings that would stall the implementation of Trump’s anti-refugee executive order.

For the lawyers at Dulles Airport, Brinkema’s ruling generated a ton of excitement. She ruled that the travelers detained by Customs and Border Protection (CBP) had a right to see lawyers.
After the ruling came out, lawyers bustled around, filling out forms declaring that detainees were their clients (someone had thought to bring a printer). Any minute, they expected, they would be able to see the detainees and try to help them get into the U.S.

At this point, it wasn’t clear how many people were detained and which of them were legal permanent residents of the U.S. Lawyers didn’t even know all the names of the people they were trying to help. It wasn’t clear if some detainees had been put back on planes returning to their countries of origin, or if detainees had been shuttled off to immigrant detention centers in Northern Virginia. The travelers were all being held in what’s called “secondary inspection,” referred to as “secondary.” It’s part of the CBP screening process where lawyers are rarely, if ever, allowed to be present.

But lawyers who spoke to The Daily Beast said it’s also unheard of for government agencies like CBP to prevent people who have the legal right to live in the U.S. from seeing their lawyers. And that’s what was happening.

From: Trump’s Border Patrol Defies Judge, U.S. Senator at Dulles Airport as His First Constitutional Crisis Unfolds – The Daily Beast

Popehat: Quick Cheat Sheet on First Amendment Rights of Public Employees

I’ve done tediously lengthy lawsplainers on the First Amendment rights of public employees before, here and here. Those posts have the explanations and citations. This is the cheat sheet.

When the government is an employer, it’s wearing two hats: government-as-your-government and government-as-your-employer. The government-as-employer can punish employees for things it couldn’t punish them for acting as government-as-government. Which things? It’s complicated.

Source: Quick Cheat Sheet on First Amendment Rights of Public Employees | Popehat

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Skipping The Summer Reading

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Questions From the Headlines

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Like Jason Voorhees In That Last Scene

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UPDATE: Reaction to President Obama’s address of September 10.

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Prop 8 stands?

Consider this: 1.  The Supreme Court today ruled in its opinion holding DOMA unconstitutional that the states are entitled to decide their own marriage laws.  Assume this is not a meaningless statement – a “bald, unreasoned disclaimer,” as Justice Scalia called it.  (This may be asking much of those who recall the majority opinion author’s prior work in Lawrence and Romer, rich with such disclaimers.) 2.  President Obama also acknowledged today that Americans’ views on marriage are based on “deeply […]