The Supreme Court Tells The Administration ENOUGH – Has Trump Finally Been Slapped Down?
Photo Credit: Sophie Park /The New York Times
Oooo y’all this is SWEET. The Supreme Court has HAD IT with the use of the Alien Enemies Act. Part of it is the removal of people to CECOT with NO NOTICE, like the first group we found out about, and Ice Barbie made a commercial there in front of a group of prisoners *facepalm* But there’s even more than that. Let’s add in that Kilmar Abrego Garcia *still* isn’t back in the US. Hmmmm. I found this article through Yahoo News. It was originally on Huffpost and is written by Paul Blumenthal. Shall we have some quotes?
Early Friday evening, the Supreme Court issued a pointed decision in the case of a group of Venezuelan detainees who previously faced the imminent risk of being sent to a notorious prison in El Salvador by the Trump administration. In addition to rejecting the administration’s choice to give these detainees only 24 hours notice of their removal, the decision answered a question indirectly posed in the case.
In an eight-page unsigned decision, with only Justices Samuel Alito and Clarence Thomas dissenting, the court firmly rejected how the administration has been using the Alien Enemies Act to quickly remove Venezuelan and Salvadoran immigrants with little to no due process while also effectively calling the administration liars, in so many words.
WHAM. And OUCH. There’s really no way for tRump to work around that one. If he tries to do that, he’ll likely piss off the Court even more and THAT would be something for the ages! Yowza!
Clearly, the court doesn’t think highly of the administration’s scheme to evade due process, reject the power of courts to compel the return of detainees sent overseas and prevent detainees from contesting their detention through habeas corpus.
And yet, that’s not the end of the court’s rejection of the administration’s actions under the Alien Enemies Act. The court also rejected the ruse the administration has been using to try to stop courts from designating all detainees subject to the Alien Enemies Act as a class of people facing a similar predicament when an individual or group of individuals brings a case.
To avoid this class certification, which could lead to protection from removal for all men detained in a judicial district, the administration has been claiming that it will not subject the individual detainees who bring a suit to removal proceedings while their case moves forward. This, they argue, means that the petitioners and the rest of the detainees no longer face a similar threat of removal and are, therefore, not in a class together.
“[W]e reject the proposition that a class-action defendant may defeat class treatment, if it is otherwise proper, by promising as a matter of grace to treat named plaintiffs differently,” the decision states. “And we are skeptical of the self-defeating notion that the right to the notice necessary to ‘actually seek habeas relief,’ must itself be vindicated through individual habeas petitions, somehow by plaintiffs who have not received notice.”
All of these rebukes and rejections show that the court is sick and tired of the games the administration is playing to evade the law and the Constitution.
Gee, ya think? Kilmar Abrego Garcia still isn’t back. The government is trying to sneak around the rules to deport groups of people with no warning, even when they have been busted for it. See Jason’s column here. The administration has blatantly ignored Supreme Court instructions. It’s definitely going to come back and lead to even more of a slap. Stay tuned so we can watch this happen. Thanks for sticking with me!
