Will the #SupremeCourt Stop Donald #Trump?
By defying the Justices’ ruling on a man mistakenly sent to #ElSalvador, the Administration has shown that it is NOT owed the deference typically shown to the executive branch.
By Ruth Marcus
#law #SCOTUS #ConstitutionalCrisis
https://www.newyorker.com/news/the-lede/will-the-supreme-court-stop-donald-trump
The #Trump Admin is arguing that #SCOTUS did not mean what nine Justices unanimously ruled in the case of #KilmarAbregoGarcia, the Salvadoran man illegally sent to a Salvadoran prison because of what the Admin contends was an “administrative error.” On Thurs, the Court ordered the govt to “‘facilitate’ Abrego Garcia’s release from custody in El Salvador.” The government, in an insolent filing on Sunday evening, rewrote that instruction.
“Facilitate” means only “taking all available steps to remove any domestic obstacles that would otherwise impede the alien’s ability to return here,” #Trump’s #DOJ argued. “Indeed, no other reading of ‘facilitate’ is tenable—or constitutional—here.”
Forget any effort to repair the Admin’s admitted mistake by seeking #AbregoGarcia’s release from Salvadoran authorities—authorities who…are being paid to jail him & others shipped there by the #US.
That, the govt argued, would intrude on the President’s sole power to conduct foreign relations. So the govt’s responsibility here is to, what, maybe issue #AbregoGarcia a Global Entry card to cut the #immigration line if he somehow turns up at a #US airport? This defiant position cannot stand—not if the rule of #law is to survive.
#SCOTUS #Trump #Constitution #ConstitutionalCrisis #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #CoEqualBranchesOfGovernment #AbuseOfPower
#SCOTUS sought in its order to insure what it termed “due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.” By instructing the govt to “facilitate” #AbregoGarcia’s release, the Court questioned whether a lower court went too far in telling the admin to “effectuate”his return, not merely “facilitate” it. Still, the Court added, “For its part, the Govt should be prepared to share what it can concerning the steps it has taken & the prospect of further steps.”
During ordinary times, this accommodation would reflect an appropriate respect for the constitutional #SeparationOfPowers. In dealing with this Administration, with its maximalist conception of executive authority & its contemptuous attitude toward the #judiciary, the Justices are being played for fools.
#Trump #SCOTUS #law #Constitution #ConstitutionalCrisis #ChecksAndBalances #CoEqualBranchesOfGovernment #JudicialBranch #AbuseOfPower
@Nonilex it's not the Justices being played for fools. They know exactly what's going on.
But they also have intentionally limited jurisdiction and authority. In the US system separation of powers limits what they can do, regardless of the motives of those arguing before them.
In the end the proper response to this goes through Congress, not the SCOTUS. We're ALL being played for fools when we don't recognize that.
