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23. Is the writ valid?
Pursuant to an arrest warrant issued by a federal judge, FBI agents arrested a state governor for an alleged violation of federal law. The governor was then placed in a federal lockup facility. A state judge has issued a writ of habeas corpus against the director of the lockup facility on the ground that the federal law in question violates the Tenth Amendment.
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B is incorrect. This answer reaches the correct conclusion with incorrect legal reasoning. The fact that an arrest was made pursuant to a warrant does not automatically make the arrest constitutional.
C is incorrect. The governor of a state does not enjoy federal immunity from prosecution for violating federal laws while in office.
D is incorrect. The inability of state courts to issue habeas writs against federal detentions is not unconstitutional as a violation of the Suspension Clause because federal courts are still able to issue such writs.