The most famous, and perhaps most important event, from the Trump administration, has arrived until now 1 I am, On Saturday, in the form of an unexpected order from the Supreme Court. The matter – which responds to the emergency request to prevent the immediate removal of Venezuelan immigrants – was unambiguous. “The government” said, “It is important not to remove any member of the supposed category from detainees from the United States until another matter from this court.”
Praise be to God for the Supreme Court. This is not a sentence that has been used to writing in recent years-not since President Trump, during his first term, classified it as six majority. However, at a time when the legislative branch was shameful, the public was disturbingly satisfied, the federal courts represent the last hope – at least, until the mid -term elections – to combat Trump’s effects against the constitution.
Recently, the federal judiciary responded quickly and impressive wealth on Trump’s birds from Executive orders And other works. Judges across the country – which have been appointed by both Democratic and Republican presidents, and even Trump himself – have refused to try to eliminate citizenship in the field of birth, and its efforts to ban the people who cross service in the army, and to suppress them on law firms whose lawyers and agents of Trump are hated by the government’s efficiency department. Although the courts have not always ruled against Trump, the administration record so far is, using one of the president’s favorite words, sad.
But it was not clear at all – in fact, it was unaware of anxiously – how the Supreme Court would respond to this attack. All conservative judges may not be admirers of this particular president, but they generally tend to a wide vision of the executive authority. This is the court that only gave us Trump against the United States, with its enlarged concept of presidential authority and widespread giving to the presidential immunity of the criminal prosecution. In a few cases that challenge Trump’s executive orders to make her way to court, her messages were repeatedly – and I deliberately believe. Give judges and take, sometimes in the same opinion, as in The case of Kilmar Armando Abyerigo GarciaThe Silvadori man who was deported to a prison in his country of origin in what the administration recognized was a mistake. Earlier this month, the court said that a federal judge was issued correctly that the government requires that “facilitate” the release of Abu Garcia from the nursery in El Salvador and to ensure the treatment of his case as if it was not incorrectly sent to El Salvador. ” After that, it left a large loophole enough for the Trump administration to ignore the guidance, which distinguishes between whether the minimum court could order the administration “the effect of” the return of Abigo Garcia or merely “facilitating” e “, and directing the minimum court to” clarify its guidance, taking into account the duty to separate from the executive authority in foreign behavior. “
Likewise, in a previous chapter of the conflict that led to the orders of Abrego Garcia, regarding the use of the law of foreign enemies to send Venezuelan immigrants to the famous El Salvaduri prison, the court found that the detainees detained according to this matter “must receive a notice … at a reasonable time and in a way that would actually be allowed. But he also said that the immigrants had brought their cases to the wrong place (Columbia County, Columbia, Instead of Texas, where they were detained) in a wrong legal form, which sparked an angry opposition from the liberal judges, which Judge Amy Barrett joined in part.
Now, finally, Clarity Plus Backbone. What happened? Most likely, the Trump administration’s behavior is too much to ignore the court – that is, with the exception of judges Clarence Thomas and Samuel Alto, who created this. In the first stage of the case, the liberal judges had no difficulty in realizing what the administration was, with its clinical effort to rush to the Venezuelan detainees outside the country before the courts intervened, followed by a flattering by the court to make the planes carry them to the United States. However, the administration continued its disobedience behavior, if not contempt. Public Prosecutor Bam Bondi, in the Oval Office with Trump and President El Salvadori, Nayeb Bokil, last week, offended the court’s decision in the case of Abu Garcia. (“The Supreme Court ruled that if Al Salvador wanted to return it … We will facilitate it: meaning, and we offer a plane,” she said. By that time, the administration’s attorneys have returned to the lower court to argue that all the judges intended to “facilitate” are “taking all the steps available to remove anything local The obstacles that hinder the foreign ability to return here. In other words, the government was not doing anything. Suggestion was that there is any opportunity for judicial review – it had new calls I am The administration represents the results of its bad arguments and behavior with the court.
Except, of course, for the most trimmed judges. In opposition, ALTO accused Thomas, the majority of the provision of “unprecedented and legally doubtful comfort.” In a particularly deceived clip, Alito quoted a government lawyer who confirmed to a lower court that no deportation has been planned for Friday or Saturday. In fact, Deputy Assistant Public Prosecutor Druo Hefler said, “I spoke with DHS that they are not aware of any current plans for flights tomorrow, but I was also told to say that they reserve the right to remove people tomorrow.” This is not comfortable, especially given that the government’s position is that once the detainees leave the country, they are lucky. However, even Alito took pain to observe the government’s responsibility. “Each of the executive and the judicial authority is obligated to follow the law,” he wrote. The court must “follow the procedures in force”, and the administration must continue “according to the conditions of our command” that requires the legal procedures due to the Venezuelan who claim the “foreigners enemy”. It is difficult to see how Alito and Thomas could argue that the administration was sincerely following the court’s instructions in the past to a new round of deportation. People were loaded on buses heading to the airport when the lawyers submitted their request to intervene in emergency situations.
I may be very optimistic here. This is the high sign of the Supreme Court resistance. The judges’ hope was undoubtedly disappointed again. In the Venezuelan case, the protection granted to the court is not permanent – it will only continue “even the additional matter.” But after weeks of mixed and confronted correspondence, the court finally spoke clearly and strongly to support the rule of law. It must take a heart that at least one branch of the government has the courage to do so. ♦
