No. of Recommendations: 4
You defeat fascism BEFORE it consolidates power by using all the tools available to impede and defeat that consolidation, including exercising the decentralized power of the states and state constitutions.
Let the feds sue states to see if it would work or not.
Why would they have to sue?
A detainee files a petition for writ of habeus corpus in state court, with the federal government named as the opposing party. The federal government files a motion in response to the petition for writ noting that the state court lacks jurisdiction over federal detention, and asks either that the petition be dismissed (for having been filed in the wrong court) or that the case be removed to federal court. And the state court will grant that motion, because that's what the law requires. If the petitioner is not in the custody of state officials, and is instead in the custody of federal officials, a state habeus petition will not be available.
It's a one- or two-page motion, not a lawsuit.
