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Adam B. Cox

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Reposted by Adam B. Cox

tomjawetz.bsky.social
Very compelling new piece by @ahilantoolong.bsky.social arguing that while courts have long said deportation isn't a "punishment," condemnation to CECOT clearly is.

That matters for constitutional purposes. @justsecurity.org www.justsecurity.org/110679/depor...
Deportation to CECOT: Punishment Without Charge or Trial
Sending migrants to El Salvador’s CECOT prison raises grave constitutional concerns under the Fifth and Sixth Amendments.
www.justsecurity.org
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Reposted by Adam B. Cox

justsecurity.org
Explainer on First Amendment and Other Legal Issues in Deportation of Palestinian Student Activist(s)

By @ahilantoolong.bsky.social and @adambcox.bsky.social

www.justsecurity.org/109012/legal...
Explainer on First Amendment and Due Process Issues in Deportation of Pro-Palestinian Student Activist(s)
"Khalil’s case involves an assertion of government power over lawful permanent residents far beyond what we have seen in decades, if ever."
www.justsecurity.org
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Reposted by Adam B. Cox

hidehirota.bsky.social
A great essay by @bethlewwilliams.bsky.social, "Why Chinese Exclusion Matters (and Why It Doesn’t)," in @oah.org The American Historian. @iehs.bsky.social

www.oah.org/tah/industry...
OAH | Why Chinese Exclusion Matters (and Why It Doesn’t)OAH | Why Chinese Exclusion Matters (and Why It Doesn’t)
www.oah.org
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Reposted by Adam B. Cox

justsecurity.org
The Fundamental Flaws in the Barnett/Wurman Defense of Trump’s #Birthright Citizenship Executive Order

by @adambcox.bsky.social, Pamela Karlan, @martylederman.bsky.social, @twmorrison.bsky.social, and Cristina Rodríguez

www.justsecurity.org/108070/funda...
The Fundamental Flaws in the Barnett/Wurman Defense of Trump’s Birthright Citizenship Executive Order
"In their apparent effort to give credence to the Trump Executive Order, Professors Barnett and Wurman indefensibly ignore these core, constitutive principles."
www.justsecurity.org
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by Adam B. Cox

adambcox.bsky.social
If it qualifies as banishment, then it could be imposed only if Congress passed a criminal statute authorizing this form of banishment as punishment for a particular crime. And even then, it could be imposed only by a judge, following a conviction for that crime.
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Reposted by Adam B. Cox

rickhills.bsky.social
Typically fine analysis by @stevevladeck.bsky.social on Trump’s conditioning highway $ on cities’ enforcing immigration law. Given weak nexus between highways and immigration, litigation over “relatedness” is a stress test of SCOTUS’s resistance to partisan loyalty. open.substack.com/pub/stevevla...
121. Spending, Coercion, and Commandeering
How far can the federal government go to force local and state governments to help enforce federal law? Sooner rather than later, the Supreme Court will almost certainly have to answer that question.
open.substack.com
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by Adam B. Cox

adambcox.bsky.social
Just posted this new analysis of Trump's theory of presidential power with Trevor Morrison @twmorrison.bsky.social.

Looks like last night's OMB impoundment order may just reinforce our conclusions. @sbagen.bsky.social @joshchafetz.bsky.social
justsecurity.org
Just Security @justsecurity.org · Jan 28
Trump’s Dictatorial Theory of Presidential Power – What the Executive Orders, in the Aggregate, Tell Us

By Professors Trevor Morrison (@twmorrison.bsky.social) and Adam Cox (@adambcox.bsky.social)
Trump’s Dictatorial Theory of Presidential Power - What the Executive Orders, in the Aggregate, Tell Us
Trump's recent actions appear to assert an authority to override or ignore federal legislation whenever it interferes with his policy aims.
www.justsecurity.org
1 6 22

Reposted by Adam B. Cox

justsecurity.org
Trump’s Dictatorial Theory of Presidential Power – What the Executive Orders, in the Aggregate, Tell Us

By Professors Trevor Morrison (@twmorrison.bsky.social) and Adam Cox (@adambcox.bsky.social)
Trump’s Dictatorial Theory of Presidential Power - What the Executive Orders, in the Aggregate, Tell Us
Trump's recent actions appear to assert an authority to override or ignore federal legislation whenever it interferes with his policy aims.
www.justsecurity.org
2 17 41

Reposted by Adam B. Cox

rgoodlaw.bsky.social
This is Orwellian (first time for me to ever invoke that term).

Trump administration is calling people in the country "unlawful" who are: immigrants who signed all the paperwork, entered the country legally, and have remained here documented and lawfully.

www.nytimes.com/2025/01/23/u...
110 910 3.1K

Reposted by Adam B. Cox

tomjawetz.bsky.social
Must read piece by @ahilantoolong.bsky.social: What Just Happened: Sanctuary Policies and the DOJ Memo’s Empty Threat of Criminal Liability www.justsecurity.org/106723/sanct...
Sanctuary Policies and the DOJ Memo’s Empty Threat of Criminal Liability
A leading expert analyzes the Justice Department threat to prosecute state and local officials in sanctuary cities.
www.justsecurity.org
3 6

by Adam B. Cox

adambcox.bsky.social
This paper's been a long time coming--my earliest notes for the project date back to when I was teaching immigration law at @uchicagolaw.bsky.social. Many thanks to all of the students there and at @nyulaw.bsky.social, whose questions in class helped spark and sharpen the core idea in this project.
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by Adam B. Cox

adambcox.bsky.social
New paper alert!

Excited that my new article "The Invention of Immigration Exceptionalism" has been published by @YaleLJournal.

papers.ssrn.com/sol3/papers....
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