Why does legal jargon always leave so much wiggle room? Why couldn’t #SCOTUS just clearly order this administration and the #DOJ to bring #KilmarAbregoGarcia home, plain and simple? #HumanRights #Justice #Immigration #RuleOfLaw #USPol
Trump administration contends ...
@andytseng.bsky.social This isn't a bug of legal jargon, it's a feature.
All of SCOTUS agrees that the man "accidentally" and illegally sent to a foreign jail needs to be returned to the US.
But if the SCOTUS wrote a clear order, and then Trump's DOJ ignored it, then what? That would lead to a lot more problems than one man "accidentally" sent to a foreign jail.
As far as I can tell, the Constitution, with it's quaint reliance on "checks and balances", is hanging on by a thread in our modern hyper-partisan government. Trump doesn't care if he breaks that thread, but SCOTUS is trying to not rock the boat.
So yes, #KilmarAbregoGarcia is suffering for the hubris and sins of US politics.
@grumble209 close!
In this case it's more about separation of powers. The Constitution is careful not to give too much power to unelected justices with lifetime appointments.
Instead, the power against the executive branch is handed to the congresspeople we elect and should be holding accountable.
As you say, it's not a bug, it's a feature, and it's holding strong... for better or worse.
If we cared about this then we'd elect representatives who'd use their authorities against the administration.
That's on us, and the Court knows it doesn't have that power.
@andytseng.bsky.social
