Late this afternoon, the Supreme Court issued a 9-0 response to the government’s application to vacate federal District Judge Paula Xinis’ order that the Trump administration return Kilmar Abrego Garcia from prison in El Salvador to the United States. Xinis had ordered him returned by the end of the day on Monday. The Supreme Court let him sit for an additional three days before ruling, in the end ordering the government to “facilitate” his return but suggesting they might not need to “effectuate” it.The difference between those two could determine whether Abrego Garcia spends the rest of his life in prison in El Salvador, charged with no crime and with no prospect or release, or whether he returns to the United States, where he lacks legal status but has filed for asylum based on claims he was being threatened, including with death, by members of the MS-13 gang. It is likely he is now housed in prison with members of that same gang. [hence, my reference to a death camp]
If the government were acting in good faith here, this order would probably be fine. But the government has made clear that it is not, showing absolutely no concern about the fact that the “removal to El Salvador was therefore illegal.” Unless the administration suddenly changes its tune, we can expect to see them claim they tried to facilitate but weren’t able to effectuate Abrego Garcia’s release. “Oopsie … Too late,” as El Salvador’s President Nayib Bukele tweeted ....
In other words, the six conservative Justices on the Supreme Court sent Donald Trump’s administration a message that they’re willing to let him get away with it.
Vance points out that the three Dems could not get to six MAGA Repubs to agree to include three painfully obvious but important points in defense of the rule of law: ‘’
- The US had no basis to arrest or deport Garcia and El Salvador is unable or unwilling to protect him.
- “Instead of hastening to correct its egregious error, the Government dismissed it as an ‘oversight.’”
- “The Government now requests an order from this Court permitting it to leave Abrego Garcia, a husband and father without a criminal record, in a Salvadoran prison for no reason recognized by the law. The only argument the Government offers in support of its request, that United States courts cannot grant relief once a deportee crosses the border, is plainly wrong.”
That the six MAGA Repubs could not even agree to those basic points is evidence of how corrupt, morally rotted and subverted they are. They truly are kleptocratic, authoritarian Trump judges. Vance is OK with this order, but “just barely.” In my opinion, the USSC did not get it right. Unless I misunderstand something here, the three Dems failed by not dissenting. What were they thinking, or were they? Are the Dems on the USSC so scared of djt that they are complicit?
Q: In view of how ineffective this “order” appears to be, should the three Dem judges have dissented because the MAGA judges refused to state the obvious?
