Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
Laurence Tribe: Trump's Policy on New York's 'Trusted Travelers' Is Unconstitutional
https://www.nytimes.com/2020/02/14/opinion/trusted-travelers-new-york.html
People should never be punished for things they haven’t done.
By Laurence H. Tribe
Mr. Tribe is a professor of constitutional law at Harvard Law School.
Feb. 14, 2020, 5:00 a.m. ET
The Department of Homeland Security recently decided to bar New York residents from federal programs that allow “trusted travelers” expedited transit through airports and border checkpoints. The Trump administration is defending the decision as a rational response to New York’s enactment of a law denying federal immigration authorities free access to the state’s motor vehicle records. In truth, the department’s decision is spiteful retaliation against people who reside in a state that declines to bend to the administration’s immigration priorities. Whatever its other virtues or vices, the decision offends constitutional norms that are neither liberal nor conservative but simply American.
New York wasted no time in filing a federal suit to block the Department of Homeland Security’s move. The state’s lawsuit raises a number of plausible process-based objections and seeks to take advantage of legal doctrines usually associated with right-leaning judges. But it misses an opportunity to frame the case more fundamentally, in terms of principles grounded in personal responsibility and a refusal to punish people for the sins of others.
New York argues that the department’s move was hasty and arbitrary and imposes unjustified and even irrational pressure on the state to cooperate with federal authorities by sharing data they say they need to protect the nation while facilitating travel. The state’s arguments have some force, but their premises might have limited appeal to judges deferential to executive power in matters involving immigration and allegedly implicating national security. Moreover, federal courts across the ideological spectrum might well sympathize with the administration’s claim that it cannot safely administer the expedited transit programs without access to personal information uniquely available through state motor vehicle records.
The state might fare better with its federalism-based arguments: It objects to the use of national power to influence state lawmaking. Here, New York is armed with the Supreme Court’s 2018 opinion in Murphy v. National Collegiate Athletic Association, which invalidated a federal law flatly prohibiting states from legalizing sports gambling. The court in that case held the federal law to be a forbidden form of federal commandeering of state legislative power.
</snip>
People should never be punished for things they haven’t done.
By Laurence H. Tribe
Mr. Tribe is a professor of constitutional law at Harvard Law School.
Feb. 14, 2020, 5:00 a.m. ET
The Department of Homeland Security recently decided to bar New York residents from federal programs that allow “trusted travelers” expedited transit through airports and border checkpoints. The Trump administration is defending the decision as a rational response to New York’s enactment of a law denying federal immigration authorities free access to the state’s motor vehicle records. In truth, the department’s decision is spiteful retaliation against people who reside in a state that declines to bend to the administration’s immigration priorities. Whatever its other virtues or vices, the decision offends constitutional norms that are neither liberal nor conservative but simply American.
New York wasted no time in filing a federal suit to block the Department of Homeland Security’s move. The state’s lawsuit raises a number of plausible process-based objections and seeks to take advantage of legal doctrines usually associated with right-leaning judges. But it misses an opportunity to frame the case more fundamentally, in terms of principles grounded in personal responsibility and a refusal to punish people for the sins of others.
New York argues that the department’s move was hasty and arbitrary and imposes unjustified and even irrational pressure on the state to cooperate with federal authorities by sharing data they say they need to protect the nation while facilitating travel. The state’s arguments have some force, but their premises might have limited appeal to judges deferential to executive power in matters involving immigration and allegedly implicating national security. Moreover, federal courts across the ideological spectrum might well sympathize with the administration’s claim that it cannot safely administer the expedited transit programs without access to personal information uniquely available through state motor vehicle records.
The state might fare better with its federalism-based arguments: It objects to the use of national power to influence state lawmaking. Here, New York is armed with the Supreme Court’s 2018 opinion in Murphy v. National Collegiate Athletic Association, which invalidated a federal law flatly prohibiting states from legalizing sports gambling. The court in that case held the federal law to be a forbidden form of federal commandeering of state legislative power.
</snip>
...especially when dangled in an illegal quid pro quo.
3 replies
= new reply since forum marked as read
= new reply since forum marked as read
