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Culture War Roundup for the week of April 14, 2025

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The crux of the Abrego Garcia controversy is a dispute about who "morally" counts as an American citizen.

The rallying cry of the pro-Abrego Garcia camp is: "If they can do it to him, they can do it to any of us." In other words, they see no meaningful difference between him and a legal US citizen, and so there is no Schelling Fence that can be drawn between the two. On other hand, the pro-Trump camp who wants Abrego Garcia to stay in El Salvador are not at all concerned that they will be next, because in their view citizens and non-citizens are two morally distinct categories.

The slippery slope argument (e.g. Laurence Tribe yesterday, and Justice Sotomayor's concurrence) is that if the government gets its way with Abrego Garcia, there will be no legal obstacle preventing them from treating citizens in the same way.

But the thing is, this is already the case. The US government's treatment of citizens abroad is already effectively unconstrained by the law. The government can negotiate for the release of a citizen imprisoned by another country, but nobody would argue that the government is legally obligated to do this, and it's absurd to imagine a court compelling them to do so, because that effectively makes diplomacy impossible. (The US government must be able to value the citizen's return at less than infinity, or else they lose all negotiating leverage.) On the other hand, the government can drone-strike a citizen abroad without due process, and while that may stir up political pushback here at home, there are effectively no legal repercussions.

This is because, according to the constitutional separation of powers, foreign affairs are a quintessentially "non-justiciable political question". In common parlance this means: If you don't like what the government is doing, the proper way to fix it is through advocacy and the democratic process, not through the court system.

To which the pro-Abrego Garcia camp will gesture around at the crowd of protesters they've assembled, waving "Free Abrego Garcia!" signs, and say "Great, come join us. Here's your sign!"

But of course the pro-Trump immigration hawks see no need to take it up, because even if these protests have no effect, this does not in any way diminish their confidence that if a citizen were to be treated in the same way, then the backlash would be swift, universal, and sufficient to compel the citizen's return - no court order needed. For them, it is simply obvious that the failure of the Abrego Garcia advocacy has no implications whatsoever for the success of the hypothetical advocacy on behalf of a fellow citizen, and this is no cause for cognitive dissonance because citizens and illegal-immigrant non-citizens are two entirely separate categories.


Prior to anything else in the political life of a nation, there must be near-universal agreement on who constitutes the body politic for whose benefit the government exists and to whom they are accountable. If there is factional dispute over this basic question, then morally speaking there is no nation, but multiple distinct nations that happen to find themselves all mixed up in the same land. But I'm sure this is no great surprise.

"pro-Trump camp who wants Abrego Garcia to stay in El Salvador are not at all concerned that they will be next, because in their view citizens and non-citizens are two morally distinct categories."

You are either ignorant or a liar. Which is it?

https://www.msnbc.com/msnbc/watch/trump-says-he-supports-deporting-u-s-citizens-237322821769

Literally from the man's own mouth in response to a direct question. He does not care about citizens that he decides he doesn't like. Maybe you or I will be next because we have a Hispanic name and tattoos.

You are either ignorant or a liar. Which is it?

This is throwing way too much heat. Even if you genuinely believe someone is being either disingenuous or dishonest, you are not allowed to just assume it and go on the attack like this.

They said "ignorant or a liar" so the assumption is on your part.

Yes, new alt, I assume they are calling someone either disingenuous or dishonest because those are the words they used.

Their words:

ignorant or a liar

your words:

disingenuous or dishonest

Anyone who says these are the same is either mistaken or dissembling. My account is new but I am not an alt; I came in the wake of the new Scott post. Feel free to ban me, because I imagine it must happen sooner or later at the level of reading comprehension exhibited here.

I'm not going to ban you, but I think you're trolling and/or being very weird.

You were wrong and I pointed it out. It is not hard to predict the steady state of a forum where a mod thinks this is trolling.