Sunday, February 12, 2017

The old due process loop hole

Reason: The 9th Circuit notes that the ability to re-enter the country after going abroad, or to travel in anticipation of that ability, is a "liberty interest" protected by the Fifth Amendment. Yet "the Government has not shown that the Executive Order provides what due process requires, such as notice and a hearing prior to restricting an individual's ability to travel." In fact, "the Government does not contend that the Executive Order provides for such process," since "the Government argues that most or all of the individuals affected by the Executive Order have no rights under the Due Process Clause."

Due process is a catch all. When government requires  the resident to incurr a loss or  restriction, then the  resident has a right to appeal to some judicial authority, which must be specified. We can ask why, but disiunion is likely to  arrive before we understand due process. 

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