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vmanAA738

Immigration Topic: vmanAA738 (a) vs jmeza111401

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I didn't follow almost any of this round but after reading the 1NC i think that there are some fundamental problems with the courts DA. idk if this ending up mattering but the DA definitely needs some changes. as far as I understand it the da link story is as follows: courts fine now; plan causes more backlog; trump puts in new judges; judges cant check him anymore and he can do his evil shit or whatever. 

 

Heres the two problems with that. 1: backlog is already massive now, 700,000 cases and rising because of that sessions have agreed to increase the number of judges by 150 which means the DA is non-unique. 2: the link story assumes that immigration judges have the ability to check trump which is completely false because the immigration courts are separate from the rest of the justice system. they only decided abt asylum, deportation, and the like which means they cant check trump. 

 

2ac, therefore, puts way too much here, they just need to explain that the link story doesn't work. 

the block ended up kicking it

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Just so everyone knows for real-life purposes: the courts DA is wrong for a massive reason - immigration judges are Article I judges (which do not enjoy life tenure and cannot exercise general judicial powers), and all of the impact evidence talks about Article III judges (who are part of the federal judiciary, enjoy general judicial powers, and enjoy life tenure). Article I judges are essentially administrative oversight randos with no judicial power in the constitutional sense. 

 

A quick primer on this distinction regarding a semi-recent SCOTUS case and other Article I judges (in bankruptcy): https://www.foxrothschild.com/publications/u-s-supreme-court-dramatically-curtails-bankruptcy-courts-powers/

 

I can explain more if anyone wants, but if anyone reads this against you, the Article I/III distinction is a single-sentence DA ender.

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Just so everyone knows for real-life purposes: the courts DA is wrong for a massive reason - immigration judges are Article I judges (which do not enjoy life tenure and cannot exercise general judicial powers), and all of the impact evidence talks about Article III judges (who are part of the federal judiciary, enjoy general judicial powers, and enjoy life tenure). Article I judges are essentially administrative oversight randos with no judicial power in the constitutional sense. 

 

A quick primer on this distinction regarding a semi-recent SCOTUS case and other Article I judges (in bankruptcy): https://www.foxrothschild.com/publications/u-s-supreme-court-dramatically-curtails-bankruptcy-courts-powers/

 

I can explain more if anyone wants, but if anyone reads this against you, the Article I/III distinction is a single-sentence DA ender.

yea thats what i was trying to point out

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