—> US Sends More Immigrants to Salvadoran Prison | SCOTUS orders Admin to “facilitate” return of Abrego Garcia

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So, has the Trump Administration stopped deporting people without due process; or, is the Trump Administration continuing to do so?

I have my doubts that the court(s) have stopped anything.
 
So, has the Trump Administration stopped deporting people without due process; or, is the Trump Administration continuing to do so?

I have my doubts that the court(s) have stopped anything.
SCOTUs has some concerns about process -and no
 
Will SCOTUS nix the deportation of American citizens ?

 


SCOTUS seems to be adopting the more circumscribed approach of the most conservative opinion from the DC 4th Circuit. The notion that “facilitating” the return of Abrego Garcia is more clear than “effectuating” his return is … puzzling and lacking any direction as to the distinction or what constitutes sufficient effort to facilitate his return. It creates the need for further hearings before the facilitation can be ordered. Then what? Back up to DC Circuit and SCOTUS to sort out the meaning of facilitation, right?
 
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SCOTUS seems to be adopting the more circumscribed approach of the most conservative opinion from the DC Circuit. The notion that “facilitating” the return of Abrego Garcia is more clear than “effectuating” his return is … puzzling and lacking any direction as to the distinction or what constitutes sufficient effort to facilitate his return. It creates the need for further hearings before the facilitation can be ordered. Then what? Back up to DC Circuit and SCOTUS to sort out the meaning of facilitation, right?

Kick the can..............
 


SCOTUS seems to be adopting the more circumscribed approach of the most conservative opinion from the DC Circuit. The notion that “facilitating” the return of Abrego Garcia is more clear than “effectuating” his return is … puzzling and lacking any direction as to the distinction or what constitutes sufficient effort to facilitate his return. It creates the need for further hearings before the facilitation can be ordered. Then what? Back up to DC Circuit and SCOTUS to sort out the meaning of facilitation, right?

FYI the court below was 4th Circuit. I know, it's hard to keep track of everything.

I'm on board with this. I'm OK with facilitating. Notice that the Court didn't say that the effectuate language had to be eliminated; it merely had to be clarified. And as Wilkinson wrote in the concurrence you're referring to, the distinction between facilitate and effectuate might be more apparent than real. Anyway, I would not want the Supreme Court to commit to anything broad on the shadow docket. What "effectuating" would mean in this context shouldn't be decided in a lightning fast emergency posture.

Roberts did require the government to tell the court what steps it has taken and future steps. So that leaves open at least some enforcement.

The bigger takeaway, though, is what the Supreme Court is signaling to other district and appeals courts: basically, we're not going to just rubber stamp this administration. We've got your back, at least a little bit. Maybe not a lot, but district courts can now act more confidently.

Also, another interesting twist: no statement from Alito or Thomas. The liberals offered a statement, which basically said, "eh we agree with the outcome but we would have preferred to just deny the application." And none of the conservatives offered any counterpoint. I don't know if we should conclude from that that Alito and Thomas are fully on board, but Alito in particular has difficulty restraining himself when any of the liberals offers a dissenting view. The fact that he said nothing seems like a pretty good sign, if not strongly indicative
 
I'm wondering if Buckle will play ball.
The admin won't lift a finger to coerce him. Watch. We're paying El Salvador $6million for the "favor" of holding some prisoners. This admin's favorite weapon of coercion, one it's already used many times over on states and universities, is withholding funds until the target adopts a more agreeable and deferential position. Let's see if the admin withholds money from El Salvador until they return Abrego Garcia. I bet they won't. Meanwhile, the admin will happily withhold $1.5million in funding from Maine prisons over transgender issues.
 
The admin won't lift a finger to coerce him. Watch. We're paying El Salvador $6million for the "favor" of holding some prisoners. This admin's favorite weapon of coercion, one it's already used many times over on states and universities, is withholding funds until the target adopts a more agreeable and deferential position. Let's see if the admin withholds money from El Salvador until they return Abrego Garcia. I bet they won't. Meanwhile, the admin will happily withhold $1.5million in funding from Maine prisons over transgender issues.
I feel like the USSC really should have considered that giving a President immunity means that he can functionally ignore any order they issue before, you know, giving him immunity.
 
I feel like the USSC really should have considered that giving a President immunity means that he can functionally ignore any order they issue before, you know, giving him immunity.
While I agree with you entirely, it's also true that the president has had the ability to ignore court orders for a long time. I don't think immunity changed that calculus.

But yeah, a lot of the other stuff directly follows. Gee, why is Trump sitting at Mar-A-Lago like it's an 18th century palace with a throne, purportedly ruling the country by issuing proclamations that he sends out into the world without the slightest regard for their legality (or plausibility)? Who might have made him think that he's a king?
 
Trump DOJ vs. the Judiciary... will their battles be legendary ?



rule of law ? we don't need no stinkin' rule of law...

 
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SCOTUS seems to be adopting the more circumscribed approach of the most conservative opinion from the DC 4th Circuit. The notion that “facilitating” the return of Abrego Garcia is more clear than “effectuating” his return is … puzzling and lacking any direction as to the distinction or what constitutes sufficient effort to facilitate his return. It creates the need for further hearings before the facilitation can be ordered. Then what? Back up to DC Circuit and SCOTUS to sort out the meaning of facilitation, right?

Yes, I imagine we are due for some sort of Kabuki Theater production from the Trump Admin and El Salvador, where the Trump admin pretends to try to get the guy back and says El Salvador says "We, the sovereign government of El Salvador, believe it is an intrusion on our national sovereignty for you to demand the return of this person; no take backs" and the admin then throws up its hands and says "we tried." Meanwhile behind the scenes they are furiously texting El Salvadorian officials on Signal saying "we're gonna ask for this guy back but don't give him back, here's what you need to say." And then it will work its way back up to the Supreme Court to decide how convincing the administration is.
 
Yes, I imagine we are due for some sort of Kabuki Theater production from the Trump Admin and El Salvador, where the Trump admin pretends to try to get the guy back and says El Salvador says "We, the sovereign government of El Salvador, believe it is an intrusion on our national sovereignty for you to demand the return of this person; no take backs" and the admin then throws up its hands and says "we tried." Meanwhile behind the scenes they are furiously texting El Salvadorian officials on Signal saying "we're gonna ask for this guy back but don't give him back, here's what you need to say." And then it will work its way back up to the Supreme Court to decide how convincing the administration is.
I don't see any upside in this for Trump. Yes, it tangentially concerns immigration, which is theoretically his strong suit, but it also highlights two of Trump's weaknesses: incompetence and arrogance.

Keeping this issue in the news won't help his cratering approval numbers.
 
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