What's especially amazing about Hagerty's attempt to say the quiet part out loud here is that it's brilliantly self-defeating: If the Constitution had to specify (in an odious way) how to count *even enslaved people* in the Census, that's only that much more evidence that *everybody* gets counted.

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Judge Xinis…is big mad this morning. At one point during Rossman's oral argument, she asks DOJ for the immigration detainer she requested yesterday. Khojasteh says it exists, they’re working on getting it, but they don't have it. Xinis is dubious, says they’ve destroyed presumption of regularity.

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HAPPENING NOW: Lawyers for Kilmar Abrego Garcia are back in court following yesterday’s wild evidentiary hearing. The parties have re-convened for oral argument on Abrego’s motion to be returned to Maryland if he’s released from criminal custody in TN next week. Follow along ⬇️ 🧵

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HAPPENING NOW: Hello again from Greenbelt, Maryland, where an ICE official is set to be questioned about the Trump administration's plans to deport Kilmar Abrego Garcia if he's released from criminal custody in Tennessee. I'm here for @lawfaremedia.org. Follow along 🧵⬇️

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🚨NEW: @cbsnews.com reports ICE is arresting people who can't even legally be deported and holding them without enough food or water in a federal building BASEMENT in Los Angeles. Families dutifully attending check-ins with ICE are being arrested and held for days, forced to sleep on the floor.

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