We must remark: here the ultimate outcome is not going to be in any serious doubt -- Noem MUST have this man returned -- and tout de suite.
Unless. . . of course, he dies in Salvadoran captivity, first. The Chief Justice might want to bear that in mind: all who've looked at it agree -- Noem had no right to do this. And he is in peril. No one has been able to speak to him since he left Texas, over a week ago, for El Salvador. Not his family; not his lawyers. John Roberts is personally gambling with this man's life -- for no real point or purpose. Here's the latest:
. . .UPON CONSIDERATION of the application of counsel for the applicants. . . .
IT IS ORDERED that the April 4, 2025 order of the United States District Court for the District of Maryland, case No. 8:25-cv-951, is hereby stayed pending further order of the undersigned or of the Court. It is further ordered that a response to the application be filed on or before Tuesday, April 8th, 2025, by 5 p.m. (EDT). . . .
Stay tuned. Disappointing, but onward resolutely, just the same. Justice will come.
नमस्ते
4 comments:
What justice if he dies there? This is egregious
I, too am outraged. It certainly looks as though Roberts is putting on a show, so as not to offend Tangerine's vast ego. Dammit.
Their grossly crass behavior will be cited by future historians as the fulcrum on which qualified/ministerial immunity was reduced in the US.
Indeed. . . it may well be so, Richie. And now, we see that Roberts has convinced his fellow Supremes that individual habeas petitions will be the vehicle for the Venezuelans' challenges to the attempts to deport them to off-shore prisons.
While the opinion does give each one a due process right to challenge their confinement, they must do so in the district where they're being held -- so instead of one class action, it will be perhaps hundreds of individual suits, spread around all 50 states. Inefficient, at best.
But the silver lining is that once again Justice Barrett joined the three liberal voices to make four, in dissent. She is seeing the errors of Alito and Thomas, compounded -- day by day. We may move her left of center yet.
Onward, but here is that opinion, from the "night docket" at the Supremes:
https://www.supremecourt.gov/opinions/24pdf/24a931_2c83.pdf
Namaste. . . .
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