BREAKING: SCOTUS affirms Judge Xinis’s order requiring the government to “facilitate” and “effectuate”* the return of Kilmer Abrego Garcia—the Maryland man the government mistakenly sent to El Salvador without due process. 1/
*My friend @teafortillerman will be happy to see that the Court asks Judge Xinis to clarify the word “effectuate” with deference to the executive branch’s authority over foreign affairs.
Although, the Court apparently did not read the order to require a military invasion. 2/
Justice Sotomayor, joined by Kagan and Jackson, writes separately. She agrees Kilmar should be returned.
But she rejects the government’s excuse that once it renditions someone, nothing can be done. She also cautions that the government’s argument would apply just as easily to citizens and cautions that illegal aliens MUST be given due process. 3/
This is a BIG LOSS for the government and its cheerleaders, who have argued against due process and judicial review.
Noem v. Garcia also confirms that a district order CAN bind the executive and is a black mark against @SecNoem.
BREAKING: SCOTUS affirms Judge Xinis’s order requiring the government to “facilitate” and “effectuate”* the return of Kilmer Abrego Garcia—the Maryland man the government mistakenly sent to El Salvador without due process. 1/*My friend @teafortillerman will be happy to see that the Court asks Judge Xinis to clarify the word “effectuate” with deference to the executive branch’s authority over foreign affairs.
Although, the Court apparently did not read the order to require a military invasion. 2/Justice Sotomayor, joined by Kagan and Jackson, writes separately. She agrees Kilmar should be returned.
But she rejects the government’s excuse that once it renditions someone, nothing can be done. She also cautions that the government’s argument would apply just as easily to citizens and cautions that illegal aliens MUST be given due process. 3/This is a BIG LOSS for the government and its cheerleaders, who have argued against due process and judicial review.
Noem v. Garcia also confirms that a district order CAN bind the executive and is a black mark against @SecNoem.
Read in full here:
/END
yes
BREAKING: SCOTUS affirms Judge Xinis’s order requiring the government to “facilitate” and “effectuate”* the return of Kilmer Abrego Garcia—the Maryland man the government mistakenly sent to El Salvador without due process. 1/ ... *My friend @teafortillerman will be happy to see that the Court asks Judge Xinis to clarify the word “effectuate” with deference to the executive branch’s authority over foreign affairs.
Although, the Court apparently did not read the order to require a military invasion. 2/ ... Justice Sotomayor, joined by Kagan and Jackson, writes separately. She agrees Kilmar should be returned.
But she rejects the government’s excuse that once it renditions someone, nothing can be done. She also cautions that the government’s argument would apply just as easily to citizens and cautions that illegal aliens MUST be given due process. 3/ ... This is a BIG LOSS for the government and its cheerleaders, who have argued against due process and judicial review.
Noem v. Garcia also confirms that a district order CAN bind the executive and is a black mark against @SecNoem.
Read in full here:
/END
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