the majority invited open defiance of the Constitution
Editor's note · Context
Sotomayor warns that the majority's actions encourage constitutional violations.
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Today, the Court discards that democratic regime in favor of one that distorts the structure of Government to fit the majority’s theory of unitary, total executive control.
The majority ignores that 'arrival' and 'arriving' in the immigration context have never focused on the precise location of a noncitizen’s feet.
The point, however, is not that illegal entry always produces a net windfall for asylum seekers; it is that Congress was unlikely to devise a system in which asylum is available to those who unlawfully set foot over the border, but not to…
The result is a President who emerges with far greater power than ever before. It is a power, however, that neither the People, nor Congress, nor the Constitution bestowed upon him.





