We Shouldn’t ‘Emergency’ Our Way Around the Constitution

Sorry, there’s no invasion.

President Lincoln did it, so why shouldn’t President Trump?

The White House says it’s considering whether it can suspend habeas corpus, the ancient Anglo-American writ that requires the government to demonstrate to a judge the factual and legal basis for detaining someone.

Notably, the administration’s loss on due process at the Supreme Court in an Alien Enemies Act case involved the Court saying that would-be deportees have the right to pursue habeas challenges to their detentions.

This would be the White House, in effect, saying to the courts, “Well, how do you like your habeas now?”