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Uganda confirms military trials for civilians despite Supreme Court ruling | Courts News

President Yoweri Museveni’s government has frequently defended military trials, citing national security concerns.

Uganda’s parliament has passed a controversial bill authorising military tribunals for civilians, drawing condemnation from opposition figures and rights groups, who accuse the government of trying to silence opponents, which it denies.

The practice has long been used in Uganda, but was struck down by the country’s top court in January. The Supreme Court had ruled that the military tribunals lacked legal competence to try civilians and failed to meet fair trial standards.

Despite that ruling, lawmakers moved ahead Tuesday with the legislation, which permits civilians to be tried in military courts.

“Today, you proved you are fearless patriots! Uganda will remember your courage and commitment,” said General Muhoozi Kainerugaba, head of the military and son of President Yoweri Museveni, in a post on X.

Earlier this month, Kainerugaba said that he was holding a missing opposition activist in his basement and threatened violence against him, after the man’s party said he was abducted.

Museveni’s government has frequently defended military trials as necessary for national security amid concerns about armed opposition and alleged threats to state stability.

Military spokesperson Chris Magezi said the legislation would “deal decisively with armed violent criminals, deter the formation of militant political groups that seek to subvert democratic processes, and ensure national security is bound on a firm foundational base”.

But critics say the move is part of a broader pattern of repression. “There’s no legal basis to provide for the trial of civilians in the military court,” opposition MP Jonathan Odur told parliament during debate on the bill. He described the legislation as “shallow, unreasonable and unconstitutional”.

Uganda has for years used military courts to prosecute opposition politicians and government critics.

In 2018, pop star-turned-opposition-leader Bobi Wine was charged in a military court with illegal possession of firearms. The charges were later dropped.

Kizza Besigye, a veteran opposition figure who has challenged Museveni in multiple elections, was arrested in Kenya last year and returned to Uganda to face a military tribunal.

Following the Supreme Court’s January ruling, his trial was moved to a civilian court. His party, the People’s Front for Freedom (PFF), has denounced the charges as politically motivated.

Human Rights Watch (HRW) has previously criticised Uganda’s military courts for failing to meet international standards of judicial independence and fairness.

Oryem Nyeko, senior Africa researcher at HRW, said earlier this year: “The Ugandan authorities have for years misused military courts to crack down on opponents and critics”.

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Supreme Court allows Trump administration to revoke temporary protected status for Venezuelans

May 19 (UPI) — The U.S. Supreme Court on Monday allowed the Trump administration to revoke special legal protections for nearly 350,000 Venezuelan nationals living in the United States temporarily.

Homeland Security had asked the justices to lift a lower court’s injunction that blocked Secretary Kristi Noem’s revocations of the Temporary Protected Status program, or TPS.

Justice Ketanji Brown Jackson said she would deny emergency relief.

The brief order said Northern California district court order is “stayed pending the disposition of the appeal in the United States Court of Appeals for the Ninth Circuit and disposition of a petition for a writ of certiorari, if such a writ is timely sought.”

The TPS program, created in 1990, provides temporary legal status and work authorization to nationals from countries experiencing armed conflict, natural disasters or other extraordinary conditions.

On Feb. 3, Noem terminated the designation, which began in March 2021 and was extended by the Biden administration in October 2023. On April 7, protected Venezuelans were to lose their government-issued work permits and deportation protections.

Another 250,000 immigrants from the Central American country who arrived before 2023 will lose their status in September.

In all, about eight million people have left Venezuela since 2014 due to political persecution, violence, and a lack of food and access to essential services. In 2023, Nicolás Maduro was elected in a race contested as fraudulent by the opposition and outside observers.

The Venezuelan program is the largest TPS designation.

At least 60 days before a TPS designation expires, the agency’s secretary is required to review the conditions in a country designated for TPS to determine whether the conditions supporting the designation continue to be met.

On March 30, District Judge Edward Chen in San Francisco blocked the action and said the decision to terminate the TPS program for the Venezuelans appeared to be “predicated on negative stereotypes.” The appointee of President Barack Obama said the order was “motivated by unconstitutional animus” and unlikely to prevail in a court’s final decision.

On April 15, Massachusetts-based U.S. District Judge Indira Talwani, also appointed by Obama, separately temporarily blocked a TPS revocation of about 532,000 people from Cuba, Haiti, Nicaragua and Venezuela in the United States. It was appealed to the U.S. Supreme Court

Solicitor General D. John Sauer wrote in the administration’s emergency appeal of the decision by Chen: “So long as the order is in effect, the secretary must permit hundreds of thousands of Venezuelan nationals to remain in the country, notwithstanding her reasoned determination that doing so is ‘contrary to the national interest.'”

Seven Venezuelan nationals covered by TPS and a group that represents others challenged the change.

Lawyers for TPS beneficiaries told the Supreme Court in a filing: “Staying the district court’s order would cause far more harm than it would stop. It would radically shift the status quo, stripping plaintiffs of their legal status and requiring them to return to a country the State Department still deems too dangerous even to visit.”

The U.S. State Department advises Americans not to travel to Venezuela, the highest travel advisory level.

At the end of Trump’s first term, officials described Venezuela as “the worst humanitarian crisis in the Western Hemisphere.” A different form of temporary relief to some of its migrants was granted.

This litigation is separate from lawsuits involving Trump’s use of the 1798 Alien Enemies Act to deport alleged Venezuelan gang members. The Supreme Court ruled Friday again against the administration, saying more notice is needed for people to challenge their removal under the act, which has been used during wars. In April, the justices paused deportations of any Venezuelans held in northern Texas.

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Trump may end temporary protected status for 350,000 Venezuelans, Supreme Court rules

The Supreme Court ruled Monday that the Trump administration may seek to deport nearly 350,000 Venezuelans who were granted “temporary protected status” under the Biden administration to live and work in the United States.

In a brief order, the justices granted a fast-track appeal from Trump’s lawyers and set aside the decision of a federal judge in San Francisco who had blocked the repeal announced by Homeland Security Secretary Kristi Noem.

Justice Ketanji Brown Jackson voted to deny the appeal.

Trump’s lawyers said the law gave the Biden administration the discretion to grant temporary protection to Venezuelans, but also gave the new administration the same discretion to end it.

The court’s decision does not involve the several hundred Venezuelans who were held in Texas and targeted for speedy deportation to El Salvador because they were alleged to be gang members. The justices blocked their deportation until they were offered a hearing.

But it will strip away the legal protection for an estimated 350,000 Venezuelans who arrived by 2023 and could not return home because of the “severe humanitarian” crisis created by the regime of Nicolas Maduro. An additional 250,000 Venezuelans who arrived by 2021 remain protected until September.

“This is an abuse of the emergency docket,” said Ahilan Arulanantham, a UCLA law professor who is representing the Venezuelan beneficiaries of the temporary protected status, or TPS.

He added: “It would be preposterous to suggest there’s something urgent about the need to strip immigration status of several hundred thousand people who have lived here for years.”

It was one of two special authorities used by the Biden administration that face possible repeal now.

Last week, Trump’s lawyers asked the Supreme Court to also revoke the special “grant of parole” that allowed 532,000 immigrants from Cuba, Haiti, Nicaragua and Venezuela to legally enter the United States on personally financed flights.

A judge in Boston blocked Noem’s repeal of the parole authority.

The Biden administration granted the TPS under a 1990 law. It said the U.S. government may extend relief to immigrants who cannot return home because of an armed conflict, natural disaster or other “extraordinary and temporary conditions.”

Shortly before leaving office, Alejandro Mayorkas, Biden’s Homeland Security secretary, extended the TPS for the Venezuelans for 18 months.

While nationals from 17 countries qualify for TPS, the largest number from any country are Venezuelans.

The Trump administration moved quickly to reverse course.

“As its name suggests,” TPS provides “temporary — not permanent — relief to aliens who cannot safely return to their homes,” Solicitor Gen. D. John Sauer wrote in his appeal last week.

Shortly after she was confirmed, Noem said the special protection for the Venezuelans was “contrary to the national interest.”

She referred to them as “dirtbags.” In a TV interview, she also claimed that “Venezuela purposely emptied out their prisons, emptied out their mental health facilities and sent them to the United States of America.”

The ACLU Foundations of Northern and Southern California and the Center for Immigration Law and Policy at the UCLA School of Law filed suit in San Francisco. Their lawyers argued the conditions in Venezuela remain extremely dangerous.

U.S. District Judge Edward Chen agreed and blocked Noem’s repeal order from taking effect nationwide. He said the “unprecedented action of vacating existing TPS” was a “step never taken by any administration.”

He ruled Noem’s order was “arbitrary and capricious” in violation of the Administrative Procedure Act because it did not offer a reasoned explanation for the change in regulations. It was also “motivated by unconstitutional animus,” he said.

The judge also found that tens of thousands of American children could be separated from their parents if the adults’ temporary protected status were repealed.

When the 9th Circuit Court refused to lift the judge’s temporary order, the solicitor general appealed to the Supreme Court on May 1.

Last week, the State Department reissued an “extreme danger” travel advisory for Venezuela, urging Americans to leave the country immediately or to “prepare a will and designate appropriate insurance beneficiaries and/or power of attorney.”

“Do not travel to or remain in Venezuela due to the high risk of wrongful detention, torture in detention, terrorism, kidnapping, arbitrary enforcement of local laws, crime, civil unrest, and poor health infrastructure,” the advisory states.

Trump’s lawyers downplayed the impact of a ruling lifting TPS. They told the justices that none of the plaintiffs is facing immediate deportation.

Each of them “will have the ability to challenge on an individual basis whether removal is proper — or seek to stay, withhold or otherwise obtain relief from any order of removal — through ordinary” immigration courts, he said.

Arulanantham said the effect will be substantial. Many of the beneficiaries have no other protection from deportation. Some have pending applications, such as for asylum. But immigration authorities have begun detaining those with pending asylum claims. Others, who entered within the last two years, could be subject to expedited deportation.

Economic harm would be felt even more immediately, Arulanantham said. Once work permits provided through TPS are invalidated, employers would be forced to let workers go. That means families would be unable to pay rent or feed their children, as well as result in economic losses felt in communities across the country.

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US Supreme Court blocks the Trump administration’s use of Alien Enemies Act | Donald Trump News

The United States Supreme Court has granted an emergency petition from a group of migrants in Texas, barring the use of an 18th-century wartime law to expedite their removals.

Friday’s unsigned decision (PDF) is yet another blow to the administration of President Donald Trump, who has sought to use the Alien Enemies Act of 1798 to swiftly deport undocumented immigrants out of the US.

Only two conservative justices dissented: Clarence Thomas and Samuel Alito.

While the high court has yet to rule on the merits of Trump’s use of the Alien Enemies Act, it did issue “injunctive relief” to Venezuelan migrants faced with expulsion under the centuries-old law.

“We have long held that ‘no person shall be’ removed from the United States ‘without opportunity, at some time, to be heard’,” the court majority wrote in its ruling.

It reaffirmed a previous opinion that migrants in the US are entitled to due process – in other words, they are entitled to a fair hearing in the judicial system – before their deportation.

Friday’s case was brought by two unnamed migrants from Venezuela, identified only by initials. They are being held in a detention centre in north Texas as they face deportation.

The Trump administration has accused them, and others from Venezuela, of being members of the Tren de Aragua gang. It has further sought to paint undocumented migration into the US as an “invasion” and link Tren de Aragua’s activities in the US to the Venezuelan government, an assertion that a recently declassified intelligence memo disputes.

That, the Trump administration has argued, justifies its use of the Alien Enemies Act, which has only been used three times prior in US history – and only during periods of war.

But Trump’s use of the Alien Enemies Act has spurred a legal backlash, with several US district courts hearing petitions from migrants fearing expulsion under the law.

Multiple judges have barred the law’s use for expedited removals. But one judge in Pennsylvania ruled the Trump administration could deploy the law – provided it offer appropriate notice to those facing deportation. She suggested 21 days.

The Supreme Court on Friday did not weigh in on whether Trump’s use of the law was merited. Instead, its ruling – 24 pages in total, including a dissent – hewed closely to the issue of whether the Venezuelans in question deserved relief from their imminent deportation under the law.

The majority of the nine-justice bench noted that “evidence” it had seen in the case suggested “the Government had in fact taken steps on the afternoon of April 18” to invoke the Alien Enemies Act, even transporting the migrants “from their detention facility to an airport and later returning them”.

The justices asserted that they had a right to weigh in on the case, in order to prevent “irreparable harm” to the migrants and assert their jurisdiction in the case. Otherwise, they pointed out a deportation could put the migrants beyond their reach.

Justice Brett Kavanaugh went a step further in a separate opinion, calling on the Supreme Court to issue a final and binding ruling in the matter, rather than simply grant this one petition.

“The circumstances call for a prompt and final resolution, which likely can be provided only by this Court,” he said, agreeing with the majority’s decision.

Thomas and Alito, in their dissent, argued the Supreme Court had not afforded enough time to a lower court to rule on the emergency petition.

In the aftermath of the ruling, Trump lashed out on Truth Social, portraying the Supreme Court’s majority as overly lax towards migrants.

“THE SUPREME COURT WON’T ALLOW US TO GET CRIMINALS OUT OF OUR COUNTRY!” Trump wrote in the first of two consecutive posts.

In the second, he called Friday’s decision the mark of a “bad and dangerous day in America”. He complained that affirming the right to due process would result in “a long, protracted, and expensive Legal Process, one that will take, possibly, many years for each person”.

He also argued that the high court was preventing him from exercising his executive authority.

“The Supreme Court of the United States is not allowing me to do what I was elected to do,” he wrote, imagining a circumstance where extended deportation hearings would lead to “bedlam” in the US.

His administration has long accused the courts of interference in his agenda. But critics have warned that Trump’s actions – particularly, alleged efforts to ignore court orders – are eroding the US’s constitutional system of checks and balances.

In a statement after the ruling, the American Civil Liberties Union (ACLU) praised the court’s decision as a bulwark against human rights abuses.

“The court’s decision to stay removals is a powerful rebuke to the government’s attempt to hurry people away to a Gulag-type prison in El Salvador,” said Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project.

“The use of a wartime authority during peacetime, without even affording due process, raises issues of profound importance.”

The Supreme Court currently boasts a conservative supermajority, with six right-leaning judges and three left-leaning ones.

Three among them were appointed by Trump himself. Those three sided with the majority.

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Supreme Court blocks Trump from using Alien Enemies Act for deportations

May 16 (UPI) — The U.S. Supreme Court on Friday blocked the administration of President Donald Trump from using the rare wartime Alien Enemies Act to deport Venezuelan detainees accused of being members of violent gangs.

The Supreme Court, in its decision, also rebuked judges from a U.S. District Court in North Texas for waiting too long to act on urgent requests related to the impending deportations.

The decision, which sent the case for deliberation back to the Fifth Circuit court, effectively blocks any removals under the Alien Enemies Act until the case can be properly reviewed.

The case is rooted in an April 17 request from two Venezuelan detainees for a temporary restraining order to stop their removal from the United States, which the district court denied that evening.

Later that night, the two detainees were given notice of their imminent removal, leading their lawyers to file a second, emergency request for a temporary restraining order to halt their deportation just after midnight.

“The named applicants, along with putative class members, are entitled to constitutionally adequate notice prior to any removal, in order to pursue appropriate relief,” the Supreme Court wrote in its latest ruling.

The lawyers asked the court to rule on the second request or hold a status conference by 1:30 p.m. The district court failed to rule on the request or hold a status conference that day, with their inaction becoming central to the Supreme Court’s rebuke.

“A district court’s inaction in the face of extreme urgency and a high risk of ‘serious, perhaps irreparable,’ consequences may have the effect of refusing an injunction,” the Supreme Court ruled.

By 3 p.m. on April 18, the lawyers for the detainees appealed to the Fifth Circuit, claiming that the district court’s inaction amounted to a constructive denial — which is when a court does not officially decline a request but acts, or fails to act, in a way that is effectively a denial.

The Supreme Court previously ruled in this case, ordering an emergency injunction that evening to stop the deportations before midnight. That ruling was a procedural hold, not a final ruling, and did not weigh in on the legality of the deportations.

In the days following the emergency injunction, the Fifth Circuit dismissed the appeal, reasoning that the detainees had not given the district court enough time to respond before escalating the case.

This prompted the process for the case to return before the Supreme Court as the detainees asked the high court to treat their emergency application as a formal petition for the court to hear the case, review the lower court’s rulings and to settle the constitutional questions raised by their deportations.

The Supreme Court has vacated the Fifth Circuit court’s dismissal and sent it back to the lower court for a proper legal review, preventing the government from further deportations until the case can be properly decided.

The high court clarified that, as on April 19, its ruling does not address the underlying merits of each side regarding removals under the Alien Enemies Act.

“We recognize the significance of the Government’s national security interests as well as the necessity that such interests be pursued in a manner consistent with the Constitution,” the Supreme Court wrote. “In light of the foregoing, lower courts should address AEA cases expeditiously.”

Justice Samuel Alito dissented, joined by Clarence Thomas, arguing that the Supreme Court never had the legal authority to step in because there was no valid appeal since the district court never actually denied the temporary restraining order request.

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Supreme Court rebukes Texas judges, backs hearing before deportation for detained Venezuelans

The Supreme Court on Friday told conservative judges in Texas they must offer a hearing to detained Venezuelans whom the Trump administration wants to send to a prison in El Salvador.

The justices, over two dissents, rebuked Texas judges and Trump’s lawyers for moving quickly and secretly on a weekend in mid-April to put these men on planes.

That led to a post-midnight order from the high court that told the administration it may “not remove any member of the putative class of detainees.” The administration had argued it had the authority to deport the men as “alien enemies” under a wartime law adopted in 1798.

On Friday, the court issued an unusual eight-page order to explain their earlier decision. In doing so, the justices faulted a federal judge in Lubbock, Texas, and the 5th Circuit Court of Appeals for taking no action to protect the due process rights of the detained men.

The order carries a clear message that the justices are troubled by the Trump administration’s pressure to fast-track deportations and by the unwillingness of some judges to protect the rights to due process of law.

On a Saturday in mid-March, Trump’s immigration officials sent three planeloads of detainees from Texas to the maximum-security prison in El Salvador before a federal judge in Washington could intervene. The prisoners included Kilmar Abrego Garcia, a Maryland man who had an immigration order that was supposed to protect him from being sent back to his native El Salvador.

Afterward, Trump officials said the detained men, including Abrego Garcia, could not be returned to this country. They did so even though the Supreme Court had said they had a duty to “facilitate” Abrego Garcia’s return.

The same scenario was nearly repeated in mid-April, but from a different prison in Texas.

ACLU lawyers rushed to file an emergency appeal with U.S. District Judge James Hendrix. They said some of the detained men were on buses headed for the airport. They argued they deserved a hearing because many of them said they were not members of a crime gang.

The judge denied the appeals for all but two of the detained men.

The 5th Circuit Court upheld the judge’s lack of action and blamed the detainees, saying they gave the judge “only 42 minutes to act.”

The Supreme Court disagreed with both on Friday and overturned a decision of the 5th Circuit.

“A district court’s inaction in the face of extreme urgency and a high risk of serious, perhaps irreparable consequences” for the detained men, the justices wrote. “Here, the district court’s inaction — not for 42 minutes but for 14 hours and 28 minutes — had the practical effect of refusing an injunction to detainees facing an imminent threat of severe, irreparable harm.”

“The 5th Amendment entitles aliens to due process of law in the context of removal proceedings. Procedural due process rules are meant to protect” against “the mistaken or unjustified deprivation of life, liberty, or property,” the majority said. “We have long held that no person shall be removed from the United States without opportunity, at some time, to be heard.”

Justices Samuel A. Alito and Clarence Thomas dissented last month, and they did the same on Friday.

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US Supreme Court grills Trump administration over birthright citizenship | Donald Trump News

Washington, DC – Justices at the US Supreme Court have questioned lawyers representing the administration of US President Donald Trump and those challenging his effort to end birthright citizenship in the country.

The hearing on Thursday represented the first time the top court in the United States has heard a case related to Trump’s January 20 order seeking to do away with the more-than-century-old policy, which grants citizenship to nearly all infants born on US soil, regardless of their parents’ legal status.

It was not immediately clear when the court would issue a ruling in the case, although an outcome could take weeks. It also remained unclear if the justices would address the underlying constitutionality of Trump’s order, or if they would only rule on the narrower question of whether lower federal court justices are empowered to block the implementation of the order nationwide.

Still, demonstrators and lawmakers who gathered outside of the Washington, DC courthouse said any ruling challenging birthright citizenship would corrode the national fabric of the US.

“We are here at the highest court in the land because a fundamental promise of America is under attack. And we are here to say not on our watch,” Ama Frimpong, the legal director of CASA, told those gathered in protest.

“All persons born in the US are citizens of the US,” Frimpong said.

Legal experts have also said a ruling limiting federal courts’ ability to order a “national” or “universal” injunction to block Trump’s executive actions would in and of itself be transformative.

“That question, in a normal sense, would already shake the legal foundation of the country: whether lower courts have the right to order nationwide injunctions,” said Al Jazeera’s Heidi Zhou-Castro from outside the courthouse.

“But it’s the second question that really people are focused on, and that is if Trump has the power to cancel birthright citizenship for the children born to undocumented immigrants and certain visa holders visiting the US,” she said.

“Now it is up to the justices whether they want to go in either of those directions.”

‘Catch me if you can kind of regime’

Over two hours of questioning, lawyers for the Trump administration, as well as those representing states and individuals who have challenged Trump’s order, addressed matters both of constitutional grandeur and legal minutia.

Solicitor General John Sauer began by laying out the Trump administration’s broad argument that the US Constitution’s 14th Amendment, ratified in 1868, has been incorrectly interpreted since then. The amendment, Sauer argued, “guarantees citizenship to the children of former slaves, not to illegal aliens or temporary visitors”.

Trump also reiterated that position in a Truth Social post ahead of the hearing, saying birthright citizenship makes the US a “STUPID Country” that incentivises people to visit to have children.

Sauer also took aim at the three federal judges who have ruled in favour of separate lawsuits challenging the law’s constitutionality. Plaintiffs in those cases include 22 state attorneys general, immigrant rights organisations, and individuals affected by the rule. Sauer argued that the judges’ decisions should only apply to the plaintiffs in the cases, and not the entire nation.

Liberal Justice Sonia Sotomayor questioned whether the broader constitutional question could be unpicked from the narrower question of the judges’ reach, saying the president’s order violates “by my count, four established Supreme Court precedents”.

That included the 1898 Supreme Court case, United States v Wong Kim Ark, which first established that the 14th Amendment applies to immigrants, she said.

Other justices questioned the implications of a scenario where the court ruled that the judges could not issue “national injunctions” in the case, without answering the underlying constitutional question.

Legal scholars have noted that this could create a situation where Trump’s end to birthright citizenship would not apply to states and individuals who successfully challenged his order in court. That would mean birthright citizenship – at least temporarily – would end in 28 other states if they do not launch their own challenges.

“Does every single person that is affected by this EO [executive order] have to bring their own suit?” Justice Elena Kagan questioned.

Justice Ketanji Brown Jackson said the Trump administration’s argument turns the US justice system into a “catch me if you can kind of regime”.

Under that, “everybody has to have a lawyer and file a lawsuit in order for the government to stop violating people’s rights”.

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What’s at stake in US Supreme Court birthright citizenship case? | Donald Trump News

It was one of US President Donald Trump’s most ambitious executive orders, and it came just hours after he took office for his second term: ending the United States’ decades-long policy of birthright citizenship.

And just three days after Trump issued the order, a federal judge in Washington state blocked the decree from going into effect. In the months that followed, two other federal judges joined in issuing nationwide injunctions.

On Thursday, the issue will reach the US Supreme Court, with the 6-3 conservative dominated bench set to hear oral arguments in the case. What the court decides could be transformative.

Proponents have long argued that the practice of granting citizenship to all those born on US soil is woven into the national fabric.

American Civil Liberties Union executive director Anthony Romero did not mince words in January, when he called Trump’s order a “reckless and ruthless repudiation of American values”, destined to create a “permanent subclass of people born in the US who are denied full rights as Americans”.

Meanwhile, a smaller but vocal contingency, empowered by Trump, has maintained that the practice is based on faulty constitutional interpretation and serves as an incentive for undocumented migration. The Trump administration has called it “birth tourism”.

Here’s what to expect from Thursday’s hearing:

What time will it start?

The hearing will start at 9am local (14:00 GMT).

What is at stake?

The most fundamental question that could be answered by the top court is whether birthright citizenship will be allowed to continue.

Proponents point to the US Constitution’s 14th Amendment, ratified in 1868, which reads: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside”.

A subsequent 1898 Supreme Court case, United States v Wong Kim Ark, interpreted the language as applying to all immigrants, creating a precedent that has since stood.

Some studies estimate that about 150,000 immigrant infants are born with citizenship every year under the policy.

The Trump administration, in contrast, has embraced the theory that babies born to noncitizens are not “subject to the jurisdiction” of the US, and therefore are not constitutionally guaranteed citizenship.
Speaking to reporters in April, Trump described a scenario of “tourists coming in and touching a piece of sand and then all of a sudden, there’s citizenship”. He has embraced the theory that the 14th Amendment was meant to apply only to former slaves, and not newly arriving immigrants

At the time, Trump predicted it would be “easy” to win the case based on that logic.

Could the outcome be more complicated?

Yes. The Trump administration has taken a strategically unique tack in the case.

In their emergency filing to the Supreme Court, they have focused on the actions of the three judges who blocked Trump’s order from going into effect nationwide.

They argue the orders extend beyond the judges’ authorities and should only apply to the plaintiffs or jurisdictions directly connected to Trump’s executive order.

Theoretically, the Supreme Court could rule on whether the judges can issue nationwide injunctions, without ruling on whether birthright citizenship is, in fact, protected by the Constitution.

For example, if the justices rule that the lower judges exceeded their power, but do not make a determination on the constitutional merits of birthright citizenship, the executive order would only be blocked in the 22 states that successfully challenged Trump’s order.

Attorneys General in those states had challenged the order in a joint lawsuit, with a federal judge in Massachusetts ruling in their favour in February.

Birthright citizenship would effectively be banned in 28 other states unless they also successfully challenge the order or until the Supreme Court makes a future ruling.

The possibility has split legal scholars, with some arguing it is unlikely the Supreme Court would make the narrower decision on the scope of the lower judges’ power without also ruling on the underlying constitutional merits of birthright citizenship.

Could the ruling extend beyond birthright citizenship?

Yes. If the justices do decide to only address the scope of the lower judges’ power, the implications could extend far beyond the birthright citizenship question.

It would also apply to several other Trump executive orders that have been blocked by a federal judge’s national injunction, also called “universal injunctions”. Those include several Trump executive orders seeking to unilaterally transform the federal government, the military, and how funding is disbursed to states, to name a few.

In a written filing in the birthright citizenship case, the Department of Justice pointed to the wider implications, saying the need for the Supreme Court’s “intervention has become urgent as universal injunctions have reached tsunami levels”.

Meanwhile, the plaintiffs in the Maryland case that successfully challenged Trump’s birthright order said doing away with national injunctions would create different tiers of rights depending on an individual’s geographical location.

“An infant would be a United States citizen and full member of society if born in New Jersey, but a deportable noncitizen if born in Tennessee,” they wrote in a court filing.

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Maldives parliament removes two Supreme Court judges | Politics News

The Parliament of the Maldives has impeached two judges of the country’s Supreme Court, deepening a political crisis triggered by President Mohamed Muizzu’s push to amend the constitution and strip legislators of their seats if they switch political parties.

The Parliament, where the governing People’s National Congress holds a supermajority, voted on Wednesday to remove Justices Azmiralda Zahir and Mahaz Ali Zahir on allegations of abuse of power.

The vote, which passed 68 – 11, took place as dozens of opposition supporters rallied outside the Parliament House, calling for Muizzu’s resignation and an end to what they called the intimidation of judges.

The move comes more than two months after the judicial watchdog, dominated by Muizzu’s allies, suspended the two judges and their colleague, Justice Husnu al-Suood. At the time, the seven-member Supreme Court bench had been holding hearings into a petition challenging the anti-defection measures.

Suood later resigned from the top court, accusing Muizzu and Attorney General Ahmed Usham of intimidating all the judges of the Supreme Court to secure a judgement in their favour.

The president and his lawyer deny the charges.

“I do not interfere with the judiciary,” Muizzu told reporters during a 14-hour news conference on May 3. “I have never done so. I do not control the [the judicial watchdog].”

The crisis has paralysed the Maldives’s Supreme Court, halting hearings in all ongoing cases, including on the constitutional amendments. It has also raised fears of renewed instability in the Indian Ocean honeymoon destination, which held its first multiparty elections in 2008, but has been roiled by political turmoil since, including a coup d’etat, disputed elections, and the killings and jailing of dissidents.

‘Attack on judiciary’

Azmiralda and Mahaz denounced their impeachment on Wednesday.

“This is an attack on the Maldivian judiciary. It is no ordinary matter to bring the Maldives Supreme Court to a halt,” Azmiralda said in a statement. “My hope is that one day, when the rule of law is established in this country … all of the various officials who took part in destroying the Supreme Court are held accountable.”

The case against the two judges stems from the arrest of Azmiralda’s husband, Ismail Latheef, during a police raid on a spa where he was receiving a massage in the Maldivian capital, Male, on December 4 of last year.

The incident happened two weeks after Muizzu ratified the anti-defection measures.

The controversial amendments stipulate that legislators elected on a political party ticket would lose their seat if they switch parties, or if they resign or are expelled from their party. The provisions effectively allow Muizzu to maintain his supermajority in Parliament, where his party controls 79 of the chamber’s 93 seats.

The president has argued they are necessary to “improve political stability”, but opponents say they would destroy the country’s system of checks and balances.

At the time of Latheef’s arrest, a former member of parliament had filed a petition at the Supreme Court challenging the legality of the amendments, but the bench had yet to decide to take up the case.

Latheef was held overnight for more than 12 hours, on charges of soliciting a prostitute, but was released by a judge at the Criminal Court. In the ruling, the judge noted that the masseuse treating Latheef was fully clothed at the time of the raid, and that the room they were in was unlocked.

The prosecutor’s office later shelved the case against Latheef, citing a lack of evidence.

But after the Supreme Court began reviewing the constitutional amendments in February, the watchdog Judicial Services Commission (JSC) took up a separate case against Azmiralda and Mahaz, claiming the two judges had unlawfully lobbied lower court judges to secure Latheef’s release.

The JSC recommended that the Parliament impeach them last month.

‘No ulterior motives’

The judges have denied the charges, with lawyers for Azmiralda saying that the case was “manufactured by top government officials to suspend” them “in order to influence the outcome of the constitutional case before the Supreme Court”.

Usham, the Attorney General, has told Al Jazeera that the government “categorically denies these allegations”.

“There is absolutely no truth to the claim that the executive branch had any hand in the JSC’s [the judicial watchdog’s] decision,” he wrote in an email. “The suspension was pursuant to law and… any suggestion of ulterior motives is firmly rejected by the Government.”

The case, however, has drawn criticism from the United Nations and rights groups.

Margaret Satterthwaite, the UN’s special rapporteur on the independence of judges and lawyers, expressed grave concern last month over the action against the three judges, saying they appear to be aimed at undermining the Supreme Court’s judicial review of the anti-defection measures.

“The disciplinary proceedings brought against three of the Supreme Court’s Justices appear to violate the principle that judges can only be dismissed on serious grounds of misconduct or incompetence and in accordance with fair procedures guaranteeing objectivity and impartiality as provided for by the Constitution or the law,” she wrote. “The pressure of suspensions, disciplinary proceedings and investigations may amount to an interference in the independence of this institution.”

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