@acraigbray.bsky.social
Reposted
Douglas concludes bluntly.
"[T]he majority produces textualism without the text."
"[T]he government’s proposed reading of the statute would mean that, for purposes of immigration detention, the border is now everywhere."
"[T]he majority produces textualism without the text."
"[T]he government’s proposed reading of the statute would mean that, for purposes of immigration detention, the border is now everywhere."
![Anyway, the majority's reflections on congressional purpose sit oddly beside the statement that "[ultimately, ... Congress's purpose matters far less than what it wrotel.]"
With this, the majority achieves a perfect
inversion: by focusing intently on Congress's general purpose as stated in a single comment on § 1225(a) (1)'s definition of "applicant for admission," the majority spirits away the crucial phrase "seeking admission" in
§ 1225(b)(2)(A), the text that is actually under review. Nothing less was required to upend this country's historic immigration practices based on the idea that college applicants necessarily seek admission to college. Starting from a purpose-centered reading of the wrong statutory provision, the majority produces textualism without the text.
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In sum, the government's proposed reading of the statute would mean that, for purposes of immigration detention, the border is now everywhere.
That is not the law Congress passed, and if it had, it would have spoken much more clearly. I dissent.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:36eqtmzysqf7wsslczw4uxcd/bafkreieet3wksr233gvhru3iykaebdduzmcodzhrm2n7k4tdvixriamf54@jpeg)
February 7, 2026 at 8:49 PM
Douglas concludes bluntly.
"[T]he majority produces textualism without the text."
"[T]he government’s proposed reading of the statute would mean that, for purposes of immigration detention, the border is now everywhere."
"[T]he majority produces textualism without the text."
"[T]he government’s proposed reading of the statute would mean that, for purposes of immigration detention, the border is now everywhere."
Reposted
I do want to shout-out my fellow sociologists, who have collectively created a discipline so woke that not a single one of our introductory textbooks can make it past Florida's censors.
Great work everyone.
Great work everyone.
February 6, 2026 at 3:00 PM
I do want to shout-out my fellow sociologists, who have collectively created a discipline so woke that not a single one of our introductory textbooks can make it past Florida's censors.
Great work everyone.
Great work everyone.