Supreme Court allows Trump to proceed with deportations to extremely dangerous third countries
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The shadow docket remains a place where basic principles of Anglo-American law go to die:
The Supreme Court on Thursday cleared the way for the Trump administration to deport eight men to South Sudan who have been detained in a shipping container on a U.S. military base in Djibouti for six weeks after becoming caught up in a legal tug-of-war between the White House and a federal judge in Boston.
By an apparent 7-2 vote, the justices lifted an order from U.S. District Judge Brian Murphy that had blocked the men’s deportation. Murphy took that step despite a Supreme Court ruling last week that put a hold on an earlier, nationwide injunction he issued requiring the administration to give deportees advance notice of their destination and a “meaningful” chance to object if they believed they’d be in danger there.
The Trump administration accused Murphy of defying the Supreme Court, and the Justice Department rushed back to the high court asking for a “clarification” that would effectively green-light the deportation of the men.
In an unsigned order, the high court again sided with the administration. The majority wrote that Murphy could not “enforce an injunction that our stay rendered unenforceable.” The justices also encouraged the Trump administration to return to the court if it needed further assistance executing their order.
Justice Sotomayor:
To be Scrupulously Fair, one sentence of dicta from an opinion issued in 1947 is considerably more robust legal reasoning than the Court typically provides in its pro-Trump shadow docket orders.
Sotomayor does not shy from pointing out the egregious double standard and lack of proper judicial behavior in these cases:
“Today’s order clarifies only one thing: Other litigants must follow the rules, but the administration has the Supreme Court on speed dial” — I cannot put it more succinctly than that.