Why the fuck does the judiciary need to show deference to the executive branch when it comes to foreign policy? If the president is doing something bugfuck insane that the courts can stop, they have a goddamn obligation to stop it.
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The argument trumps attorneys are making is that the executive branch is exempt from judicial review. Which of course runs contrary to what the constitution says.
Why did the SC even invoke "foreign policy"? The man was kidnapped and enslaved because he has tattoos. The court hedged all over this decision. T has lawyers telling him right now that they don't have to return this man.
Especially since this has nothing to do with "foreign policy". This has to do with due process for a legal resident. Pretty well inside the court's jurisdiction.
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Courts decide issues of fact and law, not policy.