To: Labyrinthos
How is it out of context? Read his full dissent of Zadvydas v. Davis. It's pretty short and sweet.
"We are offered no justification why an alien under a valid and final order of removalwhich has totally extinguished whatever right to presence in this country he possessedhas any greater due process right to be released into the country than an alien at the border seeking entry." Part of Scalia's context.
42 posted on
04/18/2018 6:33:41 PM PDT by
rollo tomasi
(Working hard to pay for deadbeats and corrupt politicians.)
To: rollo tomasi
To quote Mark Levin: “Listen and I will teach you something.”
Zadvydas v. Davis concerns procedural due process — a person’s rights once they are lawfully within the judicial system. Sessions v. Dimaya (the “Gorsuch case” at issue) concerns substantive due process — whether the person should be within the judicial system in the first place. The difference is significant.
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