The gov't's arguments against returning Abrego Garcia should make your blood run cold. The gov't claims if it can ship a person to a foreign jurisdiction, they're gone. There's no limiting principle. It can make these arguments for intentional renditions of U.S. citizens. 1/Justice Sotomayor noted this in her statement. But it's worse than she warns. The theory of Art. II power here isn't limited to extraterritorial acts. The gov't could easily argue a court enjoining it from sending a citizen to a foreign prison would interfere with diplomacy. 2/So, even if you: - Want every non-citizen out of the U.S.; - Are convinced Garcia is a gangbanger; - Like the people currently in power ... Think of the precedent this sets and how your enemies could wield it against you. Due process and judicial review are important. 3/One more thing shouldn't be lost in this discussion: The gov't makes a subtle dig at the Court. It could get Garcia back. If it wanted. If it weren't motivated to set this precedent. Bukele is meeting with the President today. One word and Garcia would be back. Yet. 4/Adding this for all the people who can't understand conditional hypotheticals. As I explained above, the gov'ts arguments would apply the same to illegal aliens and U.S. citizens. Today, the President said that we WILL send Americans to CECOT. 5/

The gov't's arguments against returning Abrego Garcia should make your blood run cold. The gov't claims if it can ship a person to a foreign jurisdiction, they're gone. There's no limiting principle. It can make these arguments for intentional renditions of U.S. citizens. 1/ ... Justice Sotomayor noted this in her statement. But it's worse than she warns. The theory of Art. II power here isn't limited to extraterritorial acts. The gov't could easily argue a court enjoining it from sending a citizen to a foreign prison would interfere with diplomacy. 2/ ... So, even if you: - Want every non-citizen out of the U.S.; - Are convinced Garcia is a gangbanger; - Like the people currently in power ... Think of the precedent this sets and how your enemies could wield it against you. Due process and judicial review are important. 3/ ... One more thing shouldn't be lost in this discussion: The gov't makes a subtle dig at the Court. It could get Garcia back. If it wanted. If it weren't motivated to set this precedent. Bukele is meeting with the President today. One word and Garcia would be back. Yet. 4/ ... Adding this for all the people who can't understand conditional hypotheticals. As I explained above, the gov'ts arguments would apply the same to illegal aliens and U.S. citizens. Today, the President said that we WILL send Americans to CECOT. 5/