Today, the Supreme Court will hear oral argument in Ziglar v. Abassi, which arises out of a class action lawsuit for the dragnet immigration sweeps after the 9/11 attacks, in which more than 750 men from South Asian and Middle Eastern countries were rounded up and held in harsh conditions of confinement, solely because of their race, religion, or country of origin. The suit seeks damages against senior level Justice Department officials, including former AG John Ashcroft and former FBI director Robert Mueller, as well as wardens of the federal detention center in New York where a number of the men were held.
As I've explained in more detail here, the case represents an important test of the Judiciary's commitment to enforcing two key principles: first, that even in times of insecurity, the government cannot target people based on their race, religion, or ethnicity; and second, that when federal officials violate fundamental constitutional norms, the victims must have an opportunity to hold them accountable in court. These principles apply not only to low-level officials, but also to the most senior government officials. As President-elect Donald Trump prepares to take office, it is particularly important for the Supreme Court to affirm that no one is above the law.
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