Supreme Court extends pause on deportations under Alien Enemies Act in Texas
https://www.supremecourt.gov/opinions/24pdf/24a1007_g2bh.pdf
The Supreme Court said the government didn't give people at a detention center in Texas enough time to argue against their deportations.
It overruled an order from the Fifth Circuit Court of Appeals, which had said it didn't have jurisdiction over the case and said the Venezuelans had appealed too quickly after a lower court ruled against them. But the Supreme Court disagreed.
"Here the District Court's inaction—not for 42 minutes but for 14 hours and 28 minutes—had the practical effect of refusing an injunction to detainees facing an imminent threat of severe, irreparable harm," the court wrote in an unsigned opinion. "Accordingly, we vacate the judgment of the Court of Appeals."
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Justice Samuel Alito issued a dissenting opinion in the case, with which Justice Clarence Thomas joined, arguing that the Supreme Court was getting involved in the case too early and has no authority to issue relief.
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unless you follow these cases you might not notice, but not only did the majority take the government to task over their flouting o' due process, but they directly addressed alito's credulous dissent from april 18 where he expressed disbelief at the temerity o' plaintiff's request for emergency response from the Court.
"The dissent disputes both the Court’s jurisdiction and the availability of class wide relief. We do not find its reasoning persuasive.
"First, we reject the dissent’s characterization of the events that transpired on April 18, which lead it to question our jurisdiction."
am knowing the 'bove quoted portion hardly look like a brutal takedown, but to overt reject a fellow Justice's characterization of facts and to imply spin is not normal.
is a whole lot going on here, particular with the kavanaugh concurrence, but the sooper distilled cliff's notes version is that the government shouldn't be able to use the alien enemies act to deport s'posed gang members for the foreseeable future... unless trump suspends habeas corpus, but am not anticipating a suspension o' habeas corpus until the Court decides on the nationwide tro issue we mentioned yesterday. also, and just as important, all o' those deported pursuant to the application of the aea is gonna be considered members o' the same class, which is a big deal... for now. a win for one can be a win for everybody in the class. at least for now there will be no need to litigate the same issue a couple hundred times.
however, this ain't a ruling on whether the use o' the alien enemies act to deport tren de aragua members is appropriate.
that said, this is good news. is pretty freaking scary you got two Justices blowing off due process protections for anybody accused by the trump administration o' being part o' a predatory incursion, but the upside is you got seven Justices who are rejecting the government proposition that 2+2=5.
HA! Good Fun!
ps a noteworthy detail which we shoulda highlighted.
a few days past we observed that, "of course the Court could eventual order trump to try and get those people back, but what nobody wants to admit is that is the extent o' their power. if trump says he tried his darndest to return all those people back to the US, but that el salvadaor, libya and rwanda refused to comply, what then?"
today the Court final admitted it may not be able to do anything constructive to force the government to return those already "deported" back to the US. is a detail am suspecting is glossed over by most media, but it shouldn't be. however, it is also worth noting that seven Justices observed that the fact the government couldn't be compelled to return to the US those condemned to cecot w/o due process meant that it were imperative that every effort should be taken to prevent such happening in the future.
again, am wanting to stress that the previous unstated truth that people already in el salvador is likely f#$%ed was recognized by the Court. every american should be outraged by that recognition. however, the Court used their impotence as a reason for blocking the government's efforts to send more people to el salvador, rwanda or libya.
so it goes.