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The problem with this analysis is that the US has not declared war on anybody.It may be waging many wars, but officially, it has not declared war, so the use of the statute the fine lady quotes may not be applicable.There is no doubt that the supreme ruled as she said, but that was immediately post WW2, during which the US was under a war declaration.It remains to be seen in this case whether(a) The district judge even has authority to hear the case, regardless of the illegal alien statute(b) Whether the US is at War and the illegal alien statute can be used by the government.Both of these will need to be determined by the Supreme Court.mick
The problem with this analysis is that the US has not declared war on anybody.
It may be waging many wars, but officially, it has not declared war, so the use of the statute the fine lady quotes may not be applicable.
There is no doubt that the supreme ruled as she said, but that was immediately post WW2, during which the US was under a war declaration.
It remains to be seen in this case whether
(a) The district judge even has authority to hear the case, regardless of the illegal alien statute
(b) Whether the US is at War and the illegal alien statute can be used by the government.
Both of these will need to be determined by the Supreme Court.
mick
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