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Shortly before 1 p.m. on Saturday, the Supreme Court issued an emergency order The judgment of the Trump administration's reported efforts to pilot from the Venezuelan migrants to a prison in El Salvador before being able to challenge their expulsion. The intervention of the court court is an extraordinary and very unusual reprimand to the government, which could well mark a turning point in the approach of the majority to this administration. For months, Scotus granted the government all the advantages of doubt, accepting the questionable affirmations of the Ministry of Justice and granting Trump immense deference. On Saturday, however, a majority of judges indicated that they no longer trusted the administration to comply with the law, including the Court's own decisions. If this is indeed the case, we probably support ourselves towards a frontal conflict between the president and the court, with fundamental principles of constitutional democracy suspended in balance.
Scotus emergency order in AARP c. Trump came out of the government illegal efforts To send Venezuelan migrants to a Salvadoran prison by invoking the Extraterrestrial Enemies Act of 1798. Thursday, the lawyers for these people said A federal court that the government was preparing to expel them briefly towards El Salvador, where it would be indefinitely confined to a notorious detention center. A federal judge in the South The Texas district already had blocked Their withdrawal, but the government sought to escape this prescription in a busy migrants in the North Texas district, where the prohibition order would not apply. He then gave these migrants “Notices”, in English only, declaring that they would be expelled immediately, without indicating that they could contest their deportations in court. (The officials refused to give these opinions, or any other information, to the lawyers for migrants.) The government intended to get them out of the country within 24 hours, According to court documents.
This conduct has violated the Supreme Court in a blatant way decision Only 12 days ago, offering migrants regular procedure protections. The court unanimously agreed that these people “had to receive an opinion” according to which “they are subject to the revocation” and that this opinion “must be granted within a reasonable time and so as to allow them to actually request” a repair. Obviously, giving the Hispanophones a naked “opinion” in English that they will be expelled do not respect this mandate. But when the lawyers for migrants asked for judicial intervention, the Ministry of Justice responded as it does so often these days: lying. Despite in -depth evidence of the opposite, the lawyers of the Doj Said several courts that they did not intend to expel the migrants on Friday or Saturday, and that they would not express anyone without offering them the regular procedure guaranteed by Scotus. Two different federal judges refused to intervene Friday evening, noting that they did not have the power to do so.
The aclu then begged the Supreme Court to the aid. And the court forced. The majority ordered the government to “withdraw” any of the persons requesting a repair “up to more of this court”. Consequently, the government could not expel the migrants to El Salvador – as it seemed to do – and they remain in police custody. Only judges Samuel Alito and Clarence Thomas noted their dissidents.
There are three remarkable aspects of the court's decision. First of all, he acted with a surprising speed – so quickly, in fact, that he published the order before Alito could finish writing his dissent; It was forced to note only that a “declaration” “would follow”. This is a major violation of the protocol so that the Supreme Court publishes an order or an opinion before a dissident justice ends the drafting of their opinion, that which reflects the deep urgency of the situation. Likewise, an awkward phrasing in the order of the court may involve This Alito – which first received the complainants' request – made the reference to the complete court, as it is custom, forcing the other judges to tear off the case. No matter what exactly occurred, it is clear that a majority would not let Alito maintain a rapid action. He also acted before the American Court of Appeal for the 5th circuit had the chance to intervene, And Before the Ministry of Justice had the opportunity to respond to the complainants. These very abnormal movements also reveal the desire to act quickly.
Second, it is clear as the day when the Supreme Court simply did not trust the claims of the Trump administration that it would not express migrants during the weekend without regular procedure. If the court did Believe these representations, it would not have acted in such a rapid and dramatic way; He could have waited for the lower courts to sort the question, confident that no one would face irreparable damage in the meantime. The decision of the majority of Wade in right indicates a skepticism that the Ministry of Justice was telling the truth. It is also overwhelming that the majority does not even wait for the Doj to file a brief with the court before acting. The only plausible explanation of the court order is that a majority feared that the government will take the migrants to El Salvador if it does not intervene immediately. This fear is well founded, since We now have substantial evidence that the government lied to a federal judge last months to thwart a court order arresting expulsion flights.
Finally, and perhaps the most obviously, it is essential that only Thomas and Alito noted their dissidents. When the court takes emergency measures, the judges do not to have Note their votes, but they generally do it; We can probably assume that this order was 7 to 2. that would mean that chief judge John Roberts – as well as judges Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett – made this reprimand to the Trump administration. So far, all these judges have, to various degrees, called the president with children's gloves, giving him a series of close victories for procedural reasons which have avoided a direct collision between the branches. This accommodation achieved a sudden stop on Saturday.
And this is the most encouraging sign that we have seen from the Supreme Court since January 20. For too long, the judges appointed Republicans have attributed to Trump the presumption of regularityAssuming that they can trust the representations made by his Ministry of Justice. He made compromises that save face For the president and stop ordering him unambiguously to follow the law. Meanwhile, an increasing number of lower courts have Pleaded with scotus To see the painful reality – that this president will happily defy judicial orders; that his doj will shamelessly lies; That if the Supreme Court does not end its unleashing, it will undermine the whole of the federal judiciary of its independence and its remaining authority. Saturday's order gave us, not for a moment too early, the first sign that a majority of judges received the message and are ready to answer accordingly.
