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U.S. Supreme Court,
Immigration,
Constitutional Law

Jul. 20, 2020

Supreme court quietly eliminates critical constitutional protections

The U.S. Constitution states, in no uncertain terms, that all “persons” within the United States are entitled to due process of law. For more than a century, the U.S. Supreme Court and the executive branch have interpreted this bedrock requirement as providing a constitutional due process right to every man, woman, and child found within the territorial limits of the United States. Until now.

Joshua S. Lipshutz

Partner
Gibson, Dunn & Crutcher LLP

1050 Connecticut Ave NW
Washington , DC 20036

Phone: (202) 955-8217

Email: jlipshutz@gibsondunn.com

Stanford Univ Law School; Stanford CA

Warren Loegering

Associate
Gibson, Dunn & Crutcher LLP

Email: wloegering@gibsondunn.com

Zach Tan

Associate
Gibson, Dunn & Crutcher LLP

The U.S. Constitution states, in no uncertain terms, that all "persons" within the United States are entitled to due process of law. For more than a century, the U.S. Supreme Court and the executive branch have interpreted this bedrock requirement as providing a constitutional due process right to every man, woman, and child found within the territorial limits of the United States.

Until now. In a cursory three-page analysis toward...

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