Home / General / Did Alito refuse to refer A.A.R.P. v. Trump to the full Court to facilitate Trump’s illegal detainments?

Did Alito refuse to refer A.A.R.P. v. Trump to the full Court to facilitate Trump’s illegal detainments?

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It seems that not only has the Supreme Court’s majority finally figured out that they’re facing an existential threat to their power and have had enough of Trump’s evasion of judicial orders, they’ve had enough of the president of the Article III Donald Trump fan club (and the Mouseketeers on the 5th Circuit):

There are three remarkable aspects of the court’s decision. First, it acted with startling speed—so quickly, in fact, that it published the order before Alito could finish writing his dissent; he was forced to note only that a “statement” would “follow.” It is a major breach of protocol for the Supreme Court to publish an order or opinion before a dissenting justice finishes writing their opinion, one that reflects the profound urgency of the situation. Relatedly, awkward phrasing in court’s order may imply that Alito—who first received the plaintiffs’ request—failed to refer it to the full court, as is custom, compelling the other justices to rip the case away from him. No matter what, exactly, happened behind the scenes, it’s clear that a majority would not let Alito hold up speedy action. It also acted before the U.S. Court of Appeals for the 5th Circuit had a chance to step in, and before the Department of Justice had an opportunity to respond to the plaintiffs. These highly abnormal moves also reveal a desire to act fast.

It is very hard to avoid the conclusion that Alito wanted to just sit on the case, first by refusing to refer it at all and then if necessary further delay the Court from issuing the order while his clerks polished off The Concept of the Political (Sam’s Version), until the detainees were in CECOT. It’s all part of the same hypocrisy:

Second, it is plain as day that the Supreme Court simply did not trust the Trump administration’s claims that it would not deport migrants over the weekend without due process. If the court did believe these representations, it would not have acted in such a rapid and dramatic fashion; it could have waited for the lower courts to sort through the matter, confident no one would face irreparable harm in the meantime. The majority’s decision to wade in straightaway points to a skepticism that the Justice Department was telling the truth. It’s damning, too, that the majority did not even wait for DOJ to file a brief with the court before acting. The only plausible explanation for the court’s order is that a majority feared the government would whisk away the migrants to El Salvador if it did not intervene immediately. That fear is well-grounded, since we now have substantial evidence that the government lied to a federal judge last month to thwart a court order stopping deportation flights.

The Court has been using the shadow docket to delay cases that are unfavorable for Trump for many years. For a majority of the Court’s Republicans to act like a Democratic president is in the White House suggests that something is actually happening here.

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