aosterheld.bsky.social @aosterheld.bsky.social · 4hAt this point, it’s just a brief administrative stay to allow consideration of stay based on merits briefing. 010
aosterheld.bsky.social @aosterheld.bsky.social · 7hBriefly means to allow the sides to submit arguments to the panel whether it should be stayed throughout the appeal. 051
aosterheld.bsky.social @aosterheld.bsky.social · 7hThe order to reinstate him is stayed for a brief period while it is appealed. I don’t think this is surprising or indicates anything about the ultimate outcome. 171
aosterheld.bsky.social @aosterheld.bsky.social · 03/10/2026There are likely additional cases now since prosecutors in other federal districts have started to emphasize these cases at urging of DOJ. 010
aosterheld.bsky.social @aosterheld.bsky.social · 03/10/2026In SDFL, a judge denied a similar section 611 motion on eve of jury trial of Wilner Renaud, he was acquitted. Gaynell Jeffries was acquitted in a bench trial. A main defense in these cases is that individuals relied on assurances from election officials, considered a form of entrapment. 120
aosterheld.bsky.social @aosterheld.bsky.social · 03/10/2026Tejada has already filed notice of supplemental authority pointing to this opinion. 110
aosterheld.bsky.social @aosterheld.bsky.social · 03/10/2026As of a couple weeks ago, there were at least five cases in WDWI and SDFL with similar motions to dismiss based on argument 18 USC 611 is unconstitutional. I think the first argument was made by Christian Valdez in WDWI. His case is parked pending outcome of similar case of Tejada Murillo. 110
aosterheld.bsky.social @aosterheld.bsky.social · 02/10/2026Notice of appeal now filed. I’m guessing it holds up, though. 000
aosterheld.bsky.social @aosterheld.bsky.social · 02/10/2026Paul Clement’s amicus brief: storage.courtlistener.com/recap/gov.us...storage.courtlistener.com#46 in United States v. Cox (S.D. Fla., 0:25-cr-60249) – CourtListener.comMEMORANDUM OF COURT APPOINTED AMICUS CURIAE by Paul D. Clement as to Chelsea Michelle Ann Cox (tpl) (Entered: 07/23/2026) 192
aosterheld.bsky.social @aosterheld.bsky.social · 02/10/2026But note the non citizen can be prosecuted under state laws, also act of voting can be used to block naturalization and is cause for removal, even for permanent resident. But takes the legal enforcement away from federal courts which recently made it a priority. 070
aosterheld.bsky.social @aosterheld.bsky.social · 02/10/2026Judge in this case also noted the non-citizen can be prosecuted under FL statutes and also removable for voting under different federal law since Congress has power to regulate immigration. 010
aosterheld.bsky.social @aosterheld.bsky.social · 02/10/2026There were several other cases raising the same issue. In one, the judge denied the motion to dismiss based on constitutionality, trial went forward, non-citizen was acquitted likely based on mens rea. 110
aosterheld.bsky.social @aosterheld.bsky.social · 01/10/2026It’s hard to imagine the 48 year old they will execute is the same person as the 18 year old perpetrator of the horrific crime. 100
aosterheld.bsky.social @aosterheld.bsky.social · 30/09/2026For most of them, due process consists of non transparent diplomatic assurances which have now been demonstrated to be worthless in the case of many of the countries. 100
aosterheld.bsky.social @aosterheld.bsky.social · 29/09/2026“Is tuition cheaper” is not a well-posed question by itself. It’s complicated, and he explains some of the complexities. But, it depends on individual circumstances, certainly much more expensive for some. 000
aosterheld.bsky.social @aosterheld.bsky.social · 28/09/2026The follow on from Barbara that challenged the first birthright citizenship Executive Order. 000
aosterheld.bsky.social @aosterheld.bsky.social · 25/09/2026Professors are allowed to be slightly rumpled. I think they even get extra credit. 040
aosterheld.bsky.social @aosterheld.bsky.social · 25/09/2026The use of the SAVE database is also targeting a virtually nonexistent problem. 010
aosterheld.bsky.social @aosterheld.bsky.social · 25/09/2026The federal law bans mass purges within 90 days of an election (as we are now). OTOH, TX apparently screened 18M voters in the database earlier in the yer and only identified 3 noncitizen voters. 010
aosterheld.bsky.social @aosterheld.bsky.social · 25/09/2026This is a case I’ve thought has a chance for cert. 000
aosterheld.bsky.social @aosterheld.bsky.social · 24/09/2026He has a pretty good winning percentage with emergency applications, as Steve has documented. 000
aosterheld.bsky.social @aosterheld.bsky.social · 24/09/2026There is now a clear record of the inadequacy of diplomatic assurances (through largely nonpublic agreements). 000
aosterheld.bsky.social @aosterheld.bsky.social · 24/09/2026There is still an appeal in the Eleventh to release Vol II of the report although hearing keeps getting delayed (currently next Jan). 1222
aosterheld.bsky.social @aosterheld.bsky.social · 24/09/2026Yeah, that’s helpful. Clients, gotta love ‘em. 020
aosterheld.bsky.social @aosterheld.bsky.social · 24/09/2026I think one of the two voters had filed an earlier suit before SOS refused to certify referendum, but was delaying, and primary was approaching. 000
aosterheld.bsky.social @aosterheld.bsky.social · 23/09/2026Presumably, that sets up an application for stay to the Supreme Court. 010
aosterheld.bsky.social @aosterheld.bsky.social · 23/09/2026The Missouri opposition was awful, didn’t address anything in the intervenors’ motion and also wrote it should be dismissed because they lack standing after the majority stated they did have standing. 020
aosterheld.bsky.social @aosterheld.bsky.social · 21/09/2026One view of what the Eighth is doing is that they have defined “timely” sought as seven days in this case. 010
aosterheld.bsky.social @aosterheld.bsky.social · 21/09/2026The amicus brief from the association of law clerks was informative. They’re in the middle of loading machines according to 2022 map and doubted they had time to reverse course. Shouldn’t matter in the end, though. 0130
aosterheld.bsky.social @aosterheld.bsky.social · 21/09/2026As I recall, some of the people sent to CECOT were CBP One parolees who showed up for an interview, then detained and quickly removed. 1281
aosterheld.bsky.social @aosterheld.bsky.social · 21/09/2026There is a concealment exception to the district of confinement rule. The whole point of habeas is that government is not allowed to conceal people in detention. 020
aosterheld.bsky.social @aosterheld.bsky.social · 19/09/2026The lawsuit has a number of legal deficiencies and DOJ does not to be compelled to take those actions, so they have moved to dismiss the suit. 000
aosterheld.bsky.social @aosterheld.bsky.social · 19/09/2026The lawsuit is about plea deals accepted by some of the J6ers and it wants Court to order Blanche to take several steps: review all plea deals with eye to vacating them and investigate and report whether prosecutors engaged in unlawful behavior in negotiating those plea deals. 000
aosterheld.bsky.social @aosterheld.bsky.social · 19/09/2026Two questions: First, isn’t the case currently on remand to District to adjust order for portions not affirmed? Second, the SCOTUS stay had the language re pending future cert if timely sought . . ., so isn’t it still in effect? 010
aosterheld.bsky.social @aosterheld.bsky.social · 18/09/2026Federal prosecutors Miami and Madison have been prioritizing prosecutions of aliens voting. One was acquitted in a jury trial in Miami on Tuesday (I think because he’d been mislead by county official that he was eligible). 000
aosterheld.bsky.social @aosterheld.bsky.social · 18/09/2026This case has moved very slowly and now they have 90 days to decide whether to take to the Supreme Court. In the meantime, third country removals have become an immigration rocket docket. 020
aosterheld.bsky.social @aosterheld.bsky.social · 18/09/2026Actually, it was the Secretary of State’s counsel who pointed out SCOTUS implicitly found intervenors had standing. Finally had time to listen to the hearing, alternate reality. 000
aosterheld.bsky.social @aosterheld.bsky.social · 18/09/2026Didn’t the state also concede SCOTUS clearly thought the intervenors have standing since they granted them a stay? 100
aosterheld.bsky.social @aosterheld.bsky.social · 18/09/2026It was clear they had a different understanding of the SCOTUS action by the expedited briefing schedule they set. The emergency docket can be criticized for lack of guidance, but this one was pretty easy to read. 000
aosterheld.bsky.social @aosterheld.bsky.social · 17/09/2026Well, it’s a less harmful thing to pursue. 001
aosterheld.bsky.social @aosterheld.bsky.social · 17/09/2026And Dulles has the cool Smithsonian branch 010
