In other words, SCOTUS has decided that it wants to do the whole Kilmar Abrego Garcia saga *again* and *again* and *again* as this inevitably bogs the US down in cases over constructive custody in *many* different hellholes. - ThreadSky

surcomplicated.bsky.social • 3 days ago

In other words, SCOTUS has decided that it wants to do the whole Kilmar Abrego Garcia saga *again* and *again* and *again* as this inevitably bogs the US down in cases over constructive custody in *many* different hellholes.

Reposted from Steve Vladeck

#BREAKING: Over a (sharp) public dissent from the three Democratic appointees, #SCOTUS clears the way for the Trump administration to remove migrants to third countries *without* giving them an additional opportunity to contest whether they face persecution or other forms of mistreatment there:

Comments

aquel-gringo.bsky.social•2 days ago

Could this be 'malicious compliance' on the part of SCOTUS?

harrydamour.bsky.social•3 days ago

I just can't imagine what the court was thinking here. This is a disaster on every level.

surcomplicated.bsky.social•3 days ago

In addition to repeating the CECOT mess, marooning ppl in foreign countries with no help is also going to lead to a number of widely publicized deaths (and plenty of less-publicized ones).

Resistance to ICE and DHS is going to get stronger in response.

huge-jackedman.bsky.social•3 days ago

There's really no choice. They're masked slave catchers this point in vague service to a mad and lawless tyrant.

khartsun.bsky.social•3 days ago

or they've decided to stop fighting and just let the administration do whatever the fuck they want all the time

surcomplicated.bsky.social•3 days ago

SCOTUS' problem is that even if *they've* decided to stop fighting, the lawless situation they're creating is going to ensure TONS of novel district court litigation.

robbinsa.me•3 days ago

none of which will matter if they have five votes for unsigned "lmao what law" orders like this one

surcomplicated.bsky.social•3 days ago

Problem is, they don't have five votes for every law ever, and if they did, they wouldn't be doing it this way--DHS is going to keep pushing the tyranny in increasingly flagrant and insane ways, and the only question is where precisely the majority breaks apart as a result.

surcomplicated.bsky.social•3 days ago

The KAG case showed this SCOTUS has limits. The latest SCOTUS decision dramatically increases what we might call the 'attack surface' here of insane abuses of power that are going to wind up in court.

surcomplicated.bsky.social•3 days ago

Also, ppl getting killed or enslaved as a result of this is going to lead to other forms of resistance than litigation. Popular resistance to ICE is clearly becoming a thing now.

khartsun.bsky.social•3 days ago

yeah, I think that if SCOTUS decides to lie down and die, the people in the street and state and local governments are going to be able to pick up the slack at this stage, given that Trump's honeymoon seems well and truly over.

surcomplicated.bsky.social•3 days ago

Frankly, this decision strikes me as amounting to letting Trump press their hand to the stove again, at which point they'll (again) back off once there are some names and faces as causes celebre and the choice goes from "do unsigned shadow docket nonsense" to "openly delete the Bill of Rights"

khartsun.bsky.social•3 days ago

note that this is still a *very bad* outcome

jmteo.bsky.social•3 days ago

It is a factual matter the Trump Administration has tried to deport migrants to Libya and South Sudan. Both nations do not have functional central governments and we do not have bilateral extradition treaties with either.

There is constructively no recourse for people deported there.

tobellz.bsky.social•3 days ago

"There are no strikeouts. The Trump administration gets as many swings as it needs." - CJR

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