Reposted by Peggy McGuinness
The question presented here couldn't be more consequential. Answering "yes" would require the detention--without any possibility of a bond hearing--of millions of immigrants currently residing in the United States.
Peggy McGuinness
@peggymcguinness.bsky.social
2.1K followers 1.8K following 65 posts
Professor, St. John's University School of Law, Co-Director, Center for Int'l and Comp. Law| Law and Diplomacy | US Human Rights Diplomacy | International Law | Human Rights |Chair, NYC Bar Council on Int'l Affairs.
![Because the inquiry was framed only in terms of whether a project “relate[d] at all to DEI” (whatever that might mean to ChatGPT), projects whose abbreviated descriptions contained general references to “history,” “culture,” or “identity” were frequently identified by ChatGPT as relating to DEI. For example, a project to recover and analyze ancient writings attributed to Moses but excluded from the canonical Hebrew Bible and preserved in fragmentary form (e.g., the Book of Jubilees and the Testament of Moses) was classified as DEI because it claimed to “provide important insight into Jewish thought from two thousand years ago, complementary to insight from the Dead Sea Scrolls and the New Testament.” Dkt. No. 248-11, at 99, C461–I461 (emphasis added). The project description reflects a highly technical effort involving multispectral imaging, textual reconstruction, and the recovery of deteriorated source materials. Id. Yet, the assigned rationale consists of a single sentence linking the project to “Jewish thought,” which ChatGPT considered to be aligned with “DEI” goals. Id. Another project, titled “How the City Became Plastic,” examines the emergence of a coalition of plastics industry participants who, according to the project description, “pop up in cities all across the country to convince, cajole, or force municipal government officials to overhaul building codes, infrastructure codes, and solid waste programs, to the advantage of plastics.” Dkt. No. 248-11 at 235, C1101–I1101. The description explains that, “In the decades between 1950 to 1980, municipal code updates opened the flood gates for new plastic products in buildings and infrastructure, amid simultaneous failed efforts to reduce the torrent of consumer plastics entering the municipal waste stream.” Id. Drawing on evidence from cities including New York, Los Angeles, Cleveland, and Pittsburgh, the project “demonstrates how shifting power dynamics,](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:ddvus7otnqtlh7fdooxm6qat/bafkreihdud54cnh4mgotyqhe4ldpocmyhf2p56grt7764gbj2sip7bzpay)
![Nor did the letter advance the narrower, but still demonstrably false claim that every previous president has rejected the 60-day clock as unconstitutional, as asserted in this recent Washington Post opinion essay. As the Department of Justice’s Office of Legal Counsel (OLC) noted in 1979, “the only provision that this Administration has suggested presents constitutional problems related to the right of Congress to act by concurrent resolution.” OLC took the position in a 1980 opinion that “Congress may, as a general constitutional matter, place a 60-day limit on the use of our armed forces as required by the provisions of § 1544(b) of the Resolution.” In 1993, OLC took the position that “in most circumstances the time limit of § 5(b) would not unconstitutionally restrict the President’s ability to exercise his inherent authority regarding the use of force.” And, in 2011, the State Department’s legal adviser told Congress, in the context of the Libya operation, “[W]e have made it clear that we are not challenging the constitutionality of the resolution.”](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:oqexhdqbizq24v6ikjhhig2h/bafkreibrauwwc4stmhi5fgppdj3pvtbigtjsp4twjjbivyhqruivp5bghy)
