In fact, it is offensively ridiculous to think that any but a handful of people disappeared by ICE will be able to file habeas corpus, because it relies on them having informed families with connections to available knowledgeable lawyers with time and resources to act instantly. - ThreadSky

kenwhite.bsky.social • 6 days ago

In fact, it is offensively ridiculous to think that any but a handful of people disappeared by ICE will be able to file habeas corpus, because it relies on them having informed families with connections to available knowledgeable lawyers with time and resources to act instantly.

Reposted from Stop Illegal Ideas Hat

How the FedSoc judges on SCOTUS want you think habeas corpus works:

Comments

jhoegg.bsky.social•5 days ago

And if the white women from Canada and the UK who were in ICE custody weren’t able to call anyone for days, imagine how long the brown men from Venezuela have to wait

decmusicology.bsky.social•5 days ago

The lawyer for the man from Maryland disappeared via “administrative error” still hasn’t spoken to his lawyer, nor to another lawyer in El Salvador his family hired to make contact down there

gabbklein.bsky.social•6 days ago

It serves only as an insult placed as garnish on top of grievous injury.

melancholyjaques.bsky.social•6 days ago

The majority of the justices are just plain evil. Their goal is to undo the 20th century & I don't see that the voters or any institution are in a position to stop them.

x---factor.bsky.social•6 days ago

TRUMP/ICE: Kidnap you, hide you from your family, purposefully move you from location to location to obscure your location, airdrop you to a foreign prison, all to game the system.

SCOTUS: As long as you get there first!

marakjade.bsky.social•6 days ago

SCOTUS's ruling is unlawful and repugnant and therefore invalid they have no authority to make this ruling to begin with they are so outside their purview its not even funny!

therealjdog17.bsky.social•5 days ago

I see an opportunity for a law firm wanting to be on the correct side of history.

bigb72.bsky.social•6 days ago

Doesnt it also rely knowing where the person is detailed to file in the correct jurisdiction?

kusaheartland.bsky.social•6 days ago

Everyone needs some knowledge and skills now. No exceptions.

myrthe.bsky.social•5 days ago

I keep wondering what if we looked at jurisdiction the other way round (maybe as well as, not instead of).

Rather than contingent status of the victim, which can be changed at authority's whim. We say any act by any agent exercising power in the name of the people is subject to independent review.

myrthe.bsky.social•5 days ago

- and it should be on the *agent* to justify a change of venue.

and if you want to say "the voters decide", then all records must be publically accessible in full.

transmascdruid.bsky.social•6 days ago

@papst-ny.bsky.social

sarahv.dftba.social•6 days ago

I keep thinking of my friend Eric who passed in 2019. He volunteered pro bono at the immigration courts during the 1st Trump admin when he was terminally ill and too sick for full time work. He would be there for these people now if he could. 😭 I hope other lawyers can stand up like he did.

seriouslydemented.bsky.social•6 days ago

I’m starting to think the protests aren’t doing much to change the trajectory, and I’m in real fear for the U.S. after the SC allowed the AEA to continue. We are not at war, yet, but that’s coming. The SC is definitely compromised. No one is safe. Other means may be necessary.

statesongxprt.bsky.social•6 days ago

Updated Miranda warning: "you have the right to an attorney, if you can find one in your jail cell in the two hours before we send you to El Salvador"

veritashortus.bsky.social•5 days ago

This may sound silly and have no effect but please remember:

As soon as you are detained. Demand to be brought before a judge without delay. State that you are your lawyer until better representation is available and you would like to file a habeas corpus. Love even the whip that scourges.

larry-dickman.bsky.social•6 days ago

First hat change in awhile.

sniffit.bsky.social•5 days ago

CJ Immunity and the Fascist Five want their unitary executive monarchy and permanent kkkristofascist minority rule plutocracy so bad they just don’t give a fuck what has to be done to get it anymore…

jcdentyne.bsky.social•6 days ago

Now hold on, I’m sure the legal resources at the El Salvador MegaSlave Prison (where nobody gets released apparently) are actually quite generous

wood-mousse.bsky.social•6 days ago

Also knowing where the fuck they have been detained

jakeofnotrades.bsky.social•6 days ago

And even if they could, can any court handle that many habeas petitions in anything remotely resembling a timely manner?

bettymal.bsky.social•6 days ago

I think the majority in this SCOTUS ruling are divorced from the reality of how the unconnected are treated cases in like this.

rhodehouse.bsky.social•6 days ago

Fuck ICE and everyone that works for them. They volunteered to be the fucking brown shirts for Trump. They should all have their heads shaved and be ostracized for colluding with this Vichy regime.

humble-leader.bsky.social•6 days ago

https://bsky.app/profile/humble-leader.bsky.social/post/3ll42vgvzbs2m

justthefactsman.bsky.social•6 days ago

Moreover they will stage the airlifts out of Texas where no federal judge will ever intervene.

forgettv.bsky.social•5 days ago

The SCOTUS has declared itself a terrorist organization willing to destroy the constitution in order to give unlimited power to these traitors to destroy our nation. I AM NOT EXAGERATING OR USING HYPERBOLE! THIS IS IT!

njmcintosh.bsky.social•6 days ago

So can someone set up an agency to help with this?

rjksac.bsky.social•6 days ago

Is ICE even letting them speak to an attorney, if they had one?

mediumvillain.bsky.social•6 days ago

no. they move them as quickly as possible to a different jurisdiction thats friendly to mass deporation, inform no one, stonewall their immigration lawyers if they them, and in this case ship them out of the country just as quickly before anyone finds out where they are

solana77.bsky.social•6 days ago

Ah yes. The famous “Yosemite Sam” defense.

mere--mortal.bsky.social•5 days ago

Same idea as in North Carolina, where the court in its wisdom granted 67,000 voters, without informing them, fifteen days to cure their ballots. Not their entire ballot, just the race that the Republican lost.

innerlog1c.bsky.social•6 days ago

Is there a central source that can be organized to point to resources in states? We're going to need this for everyone very soon.

gili92107.bsky.social•5 days ago

The role of the courts in Nazi Germany https://encyclopedia.ushmm.org/content/en/article/law-and-justice-in-the-third-reich

drbrucejazz.bsky.social•6 days ago

Sold out!!!

We’re screwed!!!

Shameful behavior!!!

Oy!!!!

on-tannhausergate.bsky.social•6 days ago

Wilhoits Law

Also laws are for poor people, justice and lawyers are for rich people

hajoon.bsky.social•6 days ago

Sounds like it effectively makes sure that if someone with a wealthy or more powerful family gets picked up by ICE, they'll be able to have due process, but not the average person who gets detained

pauldu.bsky.social•6 days ago

SCOTUS is GUTLESS

freeman-beaureau.bsky.social•6 days ago

This is also assuming that the executive branch and justice system honors court orders which they are not.

It is up to us now. We either restore justice by delivering it, or we sit back and watch it all get worse every day.

kipoca.bsky.social•5 days ago

Just call your family attorney you keep on retainer. Simple.

adriancjr.bsky.social•5 days ago

Non-lawyer here: why is the US government allowed at all to send people, guilty or innocent, to detention center in random 3rd party countries? If that is legal, could they just be dropped to a random uninhabited island?

very-ugly-joe.bsky.social•5 days ago

Too risky. They can come back one day.

adriancjr.bsky.social•5 days ago

It's crazy. I can't understand how the actions of the US government can be viewed as legal. I know the history of the US included legal slavery, but, still, it's 2025, for most of us.

very-ugly-joe.bsky.social•4 days ago

More like legalistic then legal. Talking about justice with this supreme court is quite impossible.

ngrippel.com•6 days ago

It means that with little or no consequences, the MAGA Messiah & his oligarchs can basically disappear anyone, no matter their immigration or citizenship status.

https://www.ngrippel.com/ngr-politics.html

slkrr9.bsky.social•5 days ago

Yep. Which is why I will no longer be visiting the United States.

shriketron.bsky.social•6 days ago

So if winds flip, SCOTUS says it's open season that even they can also disappear?

ncweaver.skerry-tech.com•6 days ago

This is deliberately saying "there can be no COLLECTIVE challenge to the illegality of the premise: that the Enemy Aliens Act can even apply at all"

This really is fucking Koromatsu II

nestingpuffin.bsky.social•6 days ago

To be clear, a Habeas decision has just as much precedential value as any other final decision. It’s a different path to the same end.

alsoanattorney.bsky.social•6 days ago

I met Fred Korematsu.

vulgarfreudian.bsky.social•6 days ago

Another case for the anti-canon.

talk2urmgr.bsky.social•6 days ago

Those doing the kidnapping (ICE agents) should be criminally prosecuted, incl all aiders & abettors, i.e. pilots, flight attendants. Let’s test “qualified immunity” v. “just following orders.” I suspect the current Supreme Ct would have said “just following orders” was legit Nuremberg trial defense.

urquelldude.bsky.social•6 days ago

And the way they're running this, the detainees are out of the country before family knows they're detained.

picalily.bsky.social•6 days ago

Before anyone knows. Not even a phone call to a lawyer. They are completely denying them any due process. Frighteningly this means local law enforcement has to be complicit because most will be processed through some sort of local facility first

davek67.bsky.social•6 days ago

Tell me every last one of them isn’t behind all of this! 🤷🏻‍♂️

picalily.bsky.social•6 days ago

Agreed

secretsquirre1.bsky.social•6 days ago

Loloooooool

tls15022.bsky.social•6 days ago

They’re saying what we already knew…you get as much justice as you can afford.

samierens.bsky.social•6 days ago

Trump might be immune, Homan is not!

cdbrow1.bsky.social•6 days ago

yeah...bullshit..

1wag.bsky.social•6 days ago

Does this ruling mean that habeas cannot be used now to get the unjustly imprisoned back?

bcro.bsky.social•6 days ago

Sincere but probably naïve question: is there (or could there be) a national network of immigration attorneys able to take on such cases pro bono?

eilrach.bsky.social•6 days ago

There are really good public interest immigration attorneys who can assist. The problem is that ICE moves people around in a bit of a shell game. If you are interested in helping, you can make donations to one of the funds.

eilrach.bsky.social•6 days ago

Justice has this page with helpful information; I suggest copying what you want from it before someone in the current administration notices they are providing a useful resource.

janethebotanist.bsky.social•6 days ago

Was thinking the same thing. We need all hands on deck because citizens who speak against this authoritarian regime or protest will be next.

pennylover.bsky.social•6 days ago

It also costs $$$$$

roofpig.bsky.social•6 days ago

In this case I think Venezuela hired lawyers…?

https://kstp.com/world/venezuela-hired-lawyers-file-petition-in-el-salvador-aimed-at-freeing-venezuelans-deported-by-us/

spottedfawn.bsky.social•6 days ago

Can someone please explain why the legality of disappearing people - any people including TdA - to a foreign slave labor gulag isn't being challenged? This isn't even just about wrongly deporting people. How tf can it be legal to ship people off & pay to have them tortured?

stijn123.bsky.social•5 days ago

It is being challenged, but in the end, trump will just say

"Yeah you say I have no right to disappear dissidents, well that's your opinion and I hold the cards"

This isn't a legal battle any more, stop bringing documents to a gunfight.

schatzkin.bsky.social•6 days ago

That’s how hegemony and autocracy operate. Pretend the opportunity is available to all and is impartial. System gaming.

rebeccablood.bsky.social•5 days ago

ACLU?

thoughtcrime23.bsky.social•5 days ago

Maybe we can put together an organization that will do this pro-bono? Certainly looks to be a need that won't go away in the near term...

cairbear00000.bsky.social•6 days ago

Habeus Corpus is like offsides in soccer. Many Americans have heard the phrase but most in the US have no idea what it really is.

zclaude.bsky.social•6 days ago

What is stopping the administration from cycling prisoners between two prisons in Kansas City, MO and Kansas City, KS quickly enough that they are never in the correct jurisdiction for a Habeas petition under this policy?

jackq.bsky.social•5 days ago

Yup

https://bsky.app/profile/jackq.bsky.social/post/3lmbna3oi7c22

carligeard.bsky.social•6 days ago

Can lawyers donate their time and do it for free? Non legal person here, clearly 😉

skohayes.bsky.social•6 days ago

"Panican Hat" 😆

joehaydu.bsky.social•6 days ago

Supreme Court removes another Jenga block from the tower known as rule of law, continue to move towards having to issue a stand your ground ruling in the landmark case of Smith&Weston v. Some Random ICE thug.

jurph.bsky.social•6 days ago

Does the ICE enforcer have standing if you get his knees and he can't technically "stand"? Can he file a petition if nobody can say for sure that he was actually killed, and didn't just like, disappear from ennui?

rslott.bsky.social•6 days ago

Also — even if I am one of the people whose families could help (I am not, but let’s pretend) — I do not want to spend a month in a gulag while it is sorted out!! To think there is no damage done just bc you’re returned, is nuts. Plus I lose my biz while I’m gone.

sbeales.bsky.social•6 days ago

You can file a motion for a temporary restraining order with your habeas corpus petition to get it heard quickly if you are in imminent danger - which being in that EL Salvadorean prison definitely is.

rismith.bsky.social•6 days ago

Step 1: convince a judge from the Western District of Texas that you are not subhuman and worthy of not being tortured to death in a slave slave labor camp in El Salvador.

rslott.bsky.social•6 days ago

Exactly. Sure there are “steps” you can take should you even get a lawyer in time. But what are the odds of success before they shove you on a plane? Close to zero.

mosheroperandi.bsky.social•6 days ago

Step 2:

Congratulations. Now you have to do it again at the 5th Circuit.

urban-achiever.bsky.social•6 days ago

Let's see how SCOTUS rules on the order that directs the government to return Garcia back to the US.

My guess is that they will find the sweet spot where habeas doesn't exist as a means to force El Salvador to produce Garcia.

njkid.bsky.social•6 days ago

According to the supreme Court ruling the government is required to give enough time to submit their petition to the court to get in front of a judge.

Bigger question is will they allow their sixth Amendment right to an appointed attorney?

rismith.bsky.social•6 days ago

You don't have a right to counsel in immigration hearings. You have a right to hire a lawyer, but they don't have to wait for you to find one or provide you one.

njkid.bsky.social•5 days ago

Couldn't one make the argument that since they are being deported because of what this Administration is calling "criminal activity", shouldn't they be afforded the 6th Amendment right to be informed of the nature of the accusation, confront the witness, a speedy jury trial, and a lawyer?

njkid.bsky.social•5 days ago

Afterall they are being deported based on wartime law. Crimes against the United States would fall under criminal offense that the 6th amendment would cover, not civil offense like immigration

lordhonkhonk.bsky.social•6 days ago

Exactly. It's a completely unforeseeable interruption to one's life with long-term consequences even IF every other huge hurdle is cleared.

tarars.bsky.social•6 days ago

Im embarrassed to admit I have no idea what is habeas corpus.

lazyretiree.bsky.social•6 days ago

Silly boy- you don't really expect personages with such superior intellects to worry about mere trivialities like feasibility? They are writing for the ages, after all. Or to put it another way, too bad, so sad.

dee20002.bsky.social•5 days ago

Have any of them ever lived like a normal person? Any?

williamjo.se•5 days ago

dangermouse911.bsky.social•5 days ago

Immigrants in blue states-> Texas detention camps-> El Salvador prisons. Then they have to go thru the Magadummian 🐷💩🤡 court Republicans love.

nobodyiseveryone.bsky.social•6 days ago

Worse than calling SSA and demanding to speak with a Supervisor from the automated loop phone systems intended to get you to hang up

marshamightnot.bsky.social•6 days ago

Exactly! The ruling effectively removed people’s Constitutional rights. Period. The 5 Supreme Court Justices voting for this should be ashamed.

tracyedingfield.bsky.social•6 days ago

Yup. SCOTUS is protecting the privileged class, no one else.

klawmom.bsky.social•6 days ago

Not to mention the fact that the great writ is almost never granted

missyandtillycorgi.bsky.social•6 days ago

SCOTUS

canadiangenxog.bsky.social•6 days ago

And law firms with the courage to stick their necks out as the Trump goons circle

velcroski.bsky.social•6 days ago

Hey, they could be contacted by Paul Weiss, or Skadden-pro bono.

debisskyfalling.bsky.social•6 days ago

SCOTUS boys are bad at golf too

swabbie939.bsky.social•6 days ago

Perhaps every person in America should simply file "pre-emptive" writs of habeas corpus in every federal jurisdiction in the country? /s/

makani-noho.bsky.social•6 days ago

I wrote to my friend who used to work at Annunciation House, we will need an army of immigration lawyers chasing after ICE agents as they detain people to be sure everyone gets their "hearing" but whatʻs that going to look like in TX and Louisiana. I really hate things right now.

priscillamaloney.bsky.social•6 days ago

I'm panicking at these SCOTUS "decisions" but I am REALLY panicking now because you changed your hat too.

crb1079.bsky.social•6 days ago

Couple of big shoe law firms could easily bank those pro bono bucks this way. . .

editrixlane.bsky.social•6 days ago

I’m pretty sure that it will be a one-way ticket to getting on Trump’s shit list.

crb1079.bsky.social•6 days ago

Already there

mushtaq44.bsky.social•6 days ago

In SCOTUS nomination hearings does anyone ever ask how they would rule on Dred Scott, were they in their position in 1857? And, by extension, how they would approach an equivalent case (something of similar nature but without the “get out” clause in specific case of the 13/14/15th s) today?

erikgunderson.bsky.social•6 days ago

When I first started practicing in Oregon several years ago I needed to do some work to get some cash flowing quickly, and took on some state-level habeas cases. They aren't quite the same as a federal habeas case but still very technical and narrowly-focused. Easy to get tripped up, hard to fix.

tenorune.bsky.social•5 days ago

This seems the same playbook as with disenfranchisement. They'll allow everyone the vote in theory, but in practice only the most privileged can vote. Only the most privileged here are protected from deportation.

victorialdarnel.bsky.social•6 days ago

I can’t even imagine how traumatized these people and. Heartbreaking, infuriating and shameful.

kevinmcnamee.bsky.social•6 days ago

“Bring me the witch’s broom” is basically the Roberts Court edict because that’s gauntlet of modern habeas practice.

williamsonjf.bsky.social•6 days ago

Agreed. If no one but the government knows where "the body" actually is, no lawyer can file a habeas petition. This is such a joke.

They are smarter than this, right?

harendt.bsky.social•5 days ago

They are. They think we're dumb.

charlene411.bsky.social•6 days ago

👀👀👀👀👀👀👀👀
found this law firm online in case anyone needs to file a habeas corpus petition when being snatched off the streets

at least save the number to your phones

possible help for someone you witness getting snatched

https://federalappealslawfirm.com/habeas-corpus

grantwu.bsky.social•6 days ago

I'm confused this law firm describes itself as "We are a boutique firm that handles only Federal Criminal Appeals in the Circuit Courts of Appeal throughout the United States and the United States Supreme Court" does that square with filing habeas petitions...?

ambivalentricky.bsky.social•6 days ago

Yes, because a habeas petition filed in federal court in regard to a state criminal proceeding is functionally a federal criminal appeal.

genevorobyov.bsky.social•6 days ago

not really.

ambivalentricky.bsky.social•6 days ago

You know far better than me! I think the Q is just whether a firm that IDs itself as focused on federal criminal appeals could be expected to be versed in filing habeas petitions.

genevorobyov.bsky.social•6 days ago

Not necessarily. Fed habeas is a completely different universe with its own set of rules.

arkanwolfshade.bsky.social•6 days ago

I don't suppose legalzoom has a template for it

arkanwolfshade.bsky.social•6 days ago

Even better if it was tied to a canary/Deadman switch

markshatraw.bsky.social•6 days ago

It's of a piece with the idea that money = speech

benhosp.bsky.social•6 days ago

An app to make your phone automatically file a habeas petition if it detects law enforcement trying to unlock your phone. Sounds like an idea from a parody of cyberpunk, but now it would just be a public service.

mosey239.bsky.social•6 days ago

Is it possible for one attorney to represent multiple clients in this matter?

iputadollarin.bsky.social•6 days ago

This is why trump is attacking law firms to intimidate them
There won't be anyone who will take our cases

chiefdksw.bsky.social•5 days ago

The Supreme Court is corrupt and honestly just disgusting pieces of shit. Their are innocent men being rounded up and put in a gulag in a foreign country. Citizens are next. Nice to know we have a Nazi Court that does not protect anyone but themselves. It is time to protest outside their homes.

mspyeinthesky.bsky.social•5 days ago

We need a network of lawyers who will work pro-bono and set up an 800 line.

ravenonthill.bsky.social•6 days ago

It is very, obviously a "Law is the loser" decision; something that preserves the text of the law while violating the spirit.

zazumcgoo.bsky.social•6 days ago

And no doubt those knowledgeable lawyers and their firms will be targeted by the administration.
We no longer are a country of laws.

willrosecrans.com•6 days ago

But just enough of the disappeared people will get a lawyer, and they will be the only ones in the news, so there will be a veneer of functional process for news to cover and talk about Both Sides.

The rest, the vast majority denied basic rights -- out of sight, and out of mind.

debaurah.bsky.social•6 days ago

I think this has me more disheartened by anything I've seen from this cruel govt. To date, anyway, and that terrifies the fuck out of me.

uslongtorso.bsky.social•6 days ago

https://bsky.app/profile/did:plc:h7xfacmt4acc4unuplka743q/post/3lmal2xv5ks2w

birdie2019.bsky.social•6 days ago

Immigration bar has been creative and effective developing and distributing rights info and template forms. We now need template habeas petition, instructions and distribution.

justvisiting74.bsky.social•6 days ago

Maybe find ways to expedite petitions?

How quickly can one be filed once someone is abducted?

Some apps allow people to notify loved ones / call 911 if they are in imminent danger.

Can an app notify lawyers if one is detained by ICE, providing the info needed to file a petition?

picalily.bsky.social•6 days ago

Provided they don’t taze you and take your phone while your incapacitated. Clearly a lot of the people detained and moved to El Salvador didn’t even have the opportunity to make a phone call

justvisiting74.bsky.social•6 days ago

Sigh. Thinking about this a little more.

Clients would have good reason to fear that the customer list / phone info could be turned over to the govt.

clepro.bsky.social•6 days ago

📌

vulpuscorvum.bsky.social•6 days ago

Correct: filing is nowhere near as simple as the attached picture would imply

tasteaccountant.bsky.social•6 days ago

It the perfect SCOTUS decision because of its technically correct but dismisses entirely the spirit of the Constitution. It’s why the SCOTUS should be abolished in our next phase of governance.

tasteaccountant.bsky.social•6 days ago

If there is a next phase.

sddphoto.bsky.social•6 days ago

The Supreme Court are so out of touch

amwclark.bsky.social•6 days ago

It also signals they are sure the leopard will never come for their faces.

leedunham.bsky.social•6 days ago

May the odds be ever in their favor.

artisanb-2013.bsky.social•6 days ago

sounds like aoc needs to do another video to piss off rom homan

hmantegazzi.bsky.social•6 days ago

During the Pinochet dictatorship, a very similar situation resulted in the creation of the Vicariate of Solidarity, a Catholic church organ that served to protect the team of lawyers and social workers that defended the people illegally detained by the regime
https://en.m.wikipedia.org/wiki/Vicariate_of_Solidarity

juliecheckoway.bsky.social•6 days ago

The privilege assumed here is just sickening

sigmanerd.bsky.social•5 days ago

Find me a single person outside the legal profession/law school who can even spell Habeas Corpus.

Habeas is what the Court says when it's cavalier. "Oh well what is the big deal? You can always file Habeas"

markstout.bsky.social•6 days ago

IANAL, but as I understand it you have to file a habeas case in the jurisdiction where the person is held. So, seems to me the obvious gov't countermove is to not say where they are holding people. OPSEC, don't you know. Highly classified. State secret, in fact. Please tell me I'm missing something.

evpd.bsky.social•6 days ago

IANAL too which is why I always keep a prefilled habeas form with the current date on waterproof paper in my rectum, which will presumably be discovered when they perform a cavity search prior to putting me in my holding cell. Checkmate fascists

sagastar.bsky.social•6 days ago

they've already argued this information is under state secrets privilege so they don't have to disclose it.

markstout.bsky.social•6 days ago

Terrific. Could hardly be better.

jekolski.bsky.social•6 days ago

#NoToForeignPrisons El Salvador is today’s equivalent of a Concentration Camp! Do we audit them? Make sure they are treated humanely? What happens when they find them killing the inmates? Should we start? I’m sure Trump wants to get him money’s worth.

duncanidho.bsky.social•6 days ago

It’s amazing the mistakes discovered during Lyttle vs USA were not corrected nor checks Nd balances implemented to ensure this didn’t happen again.

https://case.law/caselaw/?reporter=f-supp-2d&volume=867&case=1256-01

craignewman.bsky.social•5 days ago

Assuming those lawyers don’t work for Scadden, et al.

mktsutherland.bsky.social•6 days ago

📌

righteoushazard.bsky.social•6 days ago

The Roberts SCOTUS is a clown court

pubdef.bsky.social•5 days ago

Exactly. Ordinarily, a person in ICE custody or a US prison could file habeas in pro per but good luck with that in a foreign gulag. Filing habeas in this context requires contact with family.

Maybe the fed pub defs can be mobilized like they were for ICE indefinite detentions & GITMO habes.

scottfenstermaker.bsky.social•6 days ago

Also, if you’re already disappeared, do you no longer have the right of Habeas Corpus? Has there ever before been this conflation of deportation and incarceration?

texasmusicgirl.bsky.social•6 days ago

So you’re in America and you’re deported without due process… now you’re in a foreign country illegally because you’ve done nothing wrong and now due process is not available to you because you’re not in America.

#fucktrump

mickeymandala.bsky.social•6 days ago

It's so disgusting. And they're never gonna let these people come back, too much if a risk that they'll talk to media and talk about the inhumane torture they went through

pho13enix.bsky.social•6 days ago

No and we’ve never had so lawless and corrupt a court in our history either - inhumane to their rotten core

stmdc.bsky.social•5 days ago

Previously we had procedural due process and substantive due process. Today the Court articulates the standard for ironic due process — due process that exists but can never be obtained.

katrinskaya.bsky.social•6 days ago

What if we had a national network of lawyers ready to file habeas petitions in the right jurisdiction, activated by a number for relatives of disappeared people. I know ICE plays shell games with disappeared people but there might be ways around that. I would contribute that kind of rapid action

katrinskaya.bsky.social•6 days ago

Network. Seems like @aclu and other national immigration rights groups could pull this together. I would give $500 tonight for a national habeas rapid response network. We did it with lawyers at airports during the Muslim Ban. It’s possible.

katrinskaya.bsky.social•6 days ago

I want habeas petitions to FLOOD THE FUCKING zone. Especially in the 5th circuit.

danielsand.bsky.social•6 days ago

So I must have on retainer:
- firm big enough to specialize in habeas petitions
- but not big law and thus already cowards to Trump
- small enough to be affordable
- but big enough to be able to handle an emergency petition within an hours notice before they are deported.

Seems simple.

genevorobyov.bsky.social•6 days ago

habeas expertise is not with large firms, for the most part. It is with individual attorneys handling habeas cases for indigent criminal defendants.

reneeincarnation.bsky.social•6 days ago

It also seems expensive.

a-climate-refugee.bsky.social•6 days ago

And many are no longer in the 🇺🇸

dbeecher.bsky.social•6 days ago

wheystandard.bsky.social•6 days ago

The really messed up thing is the majority doesn’t say what happens if the government doesn’t actually give notice and opportunity… but they did show us what happens. They pretend those people don’t exist, just like they did to the class.

doubtfulowl.bsky.social•6 days ago

Using the shadow docket to shadow suspend the writ of habeas corpus by requiring the disappeared to appear in habeas.

It’s a procedural ouroboros that eats human rights.

lluttig.bsky.social•6 days ago

A decision that will live in infamy. 😱
#SCOTUS
#SCOTUSIMPOTUS

trypectopah.bsky.social•6 days ago

simple, every single person living here just needs to pre-file one in every state and territory

destroy2025now.bsky.social•6 days ago

America. Get guns. Get armed. To the teeth. When ICE agents come to ILLEGALLY and CRIMINALLY kidnap you and your children, defend yourselves.

bert711.bsky.social•6 days ago

This

pizzmoe.bsky.social•6 days ago

And they know that

jlshannonhouse.bsky.social•6 days ago

An unstated but core belief of conservatives is that courts should only protect the wealthy and/ or well connected

kaytsukel.bsky.social•6 days ago

So it’s as bad as I think it is?

krkhns.bsky.social•6 days ago

Yes.

melodykayyoung.bsky.social•6 days ago

Worse.

wpinner.bsky.social•5 days ago

John Roberts seeing this: That sounds like a 'them' problem.

jamesfrye.bsky.social•6 days ago

I'm not a lawyer but if I follow this correctly, an additional burden is that habeus has to be filed in the jurisdiction where the person has been whisked off to, correct?

So even if you did have a good local legal network wherever you lived, you need to suddenly find one elsewhere in the country?

the-ballmer-peak.bsky.social•5 days ago

I'm working to put a group of people together to automate this. Something like an app with a panic button and a group of lawyers who can respond to the request based on location.

jamesfrye.bsky.social•6 days ago

And second -- again, as a non-lawyer -- but since this was a shadow docket ruling, that means one of the parties was claiming irreparable harm, and in this case, it was the US government claiming it would be irreparably harmed if they weren't allowed to detain people at will? Is that the right read?

mlk39.bsky.social•5 days ago

Here's their (garbage) argument about irreparable harm. You are basically correct.

chasmat.bsky.social•6 days ago

When a Republican president is in power, disobedience is irreparable harm.

4peoplebythepeople.bsky.social•6 days ago

Yes. And ICE plays games, so they definitely move people around the country. Many of these detention centers are in very isolated areas & hard to reach, hours away from the nearest airport & in unfriendly jurisdictions. It's meant to break people's wills & they're encouraged to sign away rights.

mlk39.bsky.social•5 days ago

Exactly, plus the detention centers in the south are deliberately located far from cities where the lawyers (and courts) are.

churchlady320.bsky.social•5 days ago

Talk to ACLU who are representing them in a new suit filed as a class action. I trust their acumen on this. They aren't worried. You misunderstand the directive. It's not on the detainee but the government. If ACLU is pleased w the ruling, then take heart.

4peoplebythepeople.bsky.social•6 days ago

It is well known in immigration circles that this is in fact the case, which makes this ruling all the more infuriating. There's a willfulness to it.
It's also well known that ICE will attempt to break the will of those incarcerated & give them incorrect info to make them feel it's futile to fight.

twoofsix.bsky.social•6 days ago

When a system makes something *technically* possible, but substantively impractical, the people running that system want you to fail.

sloanla.bsky.social•6 days ago

It is insane the government can just kidnap people off the street and move them constantly to make it impossible for their lawyers to protect them...

smithinhell.bsky.social•6 days ago

It feels like the whole issue is oddly framed—it’s not about an individual right to challenge a deportation, but the collective right not to be sent to a foreign prison at all.

ablum.bsky.social•6 days ago

I just hate the "aren't we so clever" flavor of these kinds of decisions so much.

benfranklinsaid.bsky.social•6 days ago

Yeah, I also hate the constant 5-4 loss of liberty when Gorsuch is sitting in Garland’s seat.

schwartzmatt81.bsky.social•6 days ago

Don’t worry about it, they just rotate who votes with the minority so they can tell you that it’s a nonpartisan court “calling balls & strikes”

wombatpm.bsky.social•5 days ago

I used to feel that way, then I got to see Garland as AG.

orobharris.bsky.social•6 days ago

As a former prosecutor and defense attorney, I never thought I'd lose all faith in the majority of the Supreme Court. John Roberts is Roger Taney

badubs.bsky.social•6 days ago

I guess that, along with a will, a living will, and powers of attorney we should all have a writ of habeas prepared and left in a place our loved ones are aware of.

bellchamber.bsky.social•6 days ago

Super cruel and karma is real.

biknmusicmama.bsky.social•6 days ago

Yes, 176 people went to El Salvador and like one or two people seem to be able to fight back

80dollarguitar.bsky.social•6 days ago

If only there was a billionaire with a conscience to fund a group of attorneys, paralegals, and staff, but they're all too busy kissing Trump's ass.

driftlessflyguy.bsky.social•6 days ago

Not that they’d do it, but would be a nice redeeming thing if the law firms that promised 100 million of pro bono took these up as their pro bono efforts.

cats-n-apples.bsky.social•5 days ago

They promised pro bono to implement trump fascism, not save concentration camp victims

margiem.bsky.social•5 days ago

It’s Tuesday & Trump & his phone line don’t work much. But you can leave a message Tues-Thurs 11-3. 202.456.1111

Every day call your reps and
Mike Johnson (202) 225-2777
John Thune (202) 224-2321
Chuck Schumer (202) 224-6542
Hakeem Jefferies (202) 225-5936

Call for impeachment/treason charges

janicenj.bsky.social•6 days ago

Can’t repost this enough! https://bsky.app/profile/genkidesuu.bsky.social/post/3lma2i6qmfs2q

goatest.bsky.social•6 days ago

Perhaps some of those fancy law firms that have agreed to fund $40 million pro bono to the government could take up a collection to quietly fund some other pro bono lawyers to handle the habeas cases. Just to balance the karma.

sahuntbooks.com•5 days ago

This is why I dropped what little money I had on exercising my Second Amendment rights. Because this is the exact reason they were given to us.

chester1995.bsky.social•6 days ago

WTF is a Panican Hat. An MTG construct?

morgalyn.bsky.social•5 days ago

Trump recently coined the term Panican.

katie-did.bsky.social•6 days ago

They're acting like someone being forcefully abducted off the street by people who don't identify themselves, unmarked vehicles, w the intention of taking you through multiple states to subvert the courts, will drop what they're doing if you just shout HABEAS like a pirate shouting parley. Insane.

ljlawyers.bsky.social•6 days ago

The per curiam opinion is a gawd-f***ing lie. I’d like to see some lower level judges refuse to give precedential effect to any decision that relies on Thomas or Alito for a majority. Just say their terms ended when they accepted & concealed bribes.

rod-learmonth.bsky.social•6 days ago

Big Law will step up to represent the disappeared, pro bono!

reply

alipenguinz.bsky.social•6 days ago
They are shipping them to other states before they can call anybody…so how is this supposed to work exactly?
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slkrr9.bsky.social•5 days ago
They never get out of prison is how it's supposed to work. Banana republic is too good a name for what the US is now.
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tony.zone•6 days ago
You're assuming any lawyer will take the case, at all, when the admin has painted a target on their backs and made their bosses kiss the ring. This is straight up stuff that was listed in the Declaration of Independence as reasons why the colonists overthrew England.
reply

tokenintellect.bsky.social•5 days ago
And they have to file in the district where they're being detained.

Is there anyone– anyone!– who thinks people abducted off the street by ICE are going to get a fair hearing in Texas?
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lolaraybee.bsky.social•6 days ago
One could be perfectly prepared and still get deported the way the government is making its moves so quickly.
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stevezorowitz.bsky.social•6 days ago
I hear there’s some big law firms that have committed to hundreds of millions of dollars in pro bono work. Maybe they can set up shop outside the detention centers.
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drosera154.bsky.social•6 days ago
they’ve committed to hundreds of millions of dollars in pro bono work for cases the president WANTS THEM TO TAKE ON.
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balanced1231.bsky.social•6 days ago
At this point, could resisting arrest when stopped by unmarked agents...

Be considered self-defense?
No badges, no process.
Why are we going quietly?
reply

benfranklinsaid.bsky.social•6 days ago
You fail to see the business opportunity! New form of insurance. People band together to retain on-call lawyers. We walk around with air tags modified like some kind of panic button and as we are kidnapped we press the button and *poof* hc filing is submitted in the jurisdiction where we disappeared
reply
benfranklinsaid.bsky.social•6 days ago
Obviously I am not being serious. I am being appalled.
reply

zoneleft.bsky.social•6 days ago
Whoa there, you telling me it’s not a super simple process that won’t be immediately thrown out on technical grounds by the Justice Kacsmaryk because they’ll all be staged in Amarillo?
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katiephang.bsky.social•5 days ago
THIS is the practical aspect of this latest SCOTUS order that will make habeas relief merely a wish for these individuals.
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equineducklings.bsky.social•5 days ago
For the majority at SCOTUS it was always about helping the administration achieve their intended political objectives and using whatever possible legal justification to cover blatant illegal and unconstitutional crimes with a fig leaf
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slopcheese34.bsky.social•5 days ago
What was your take on the actual opinion?
reply
j-dave.bsky.social•5 days ago
SCOTUS: "We cannot abide the thought of the President unilaterally trashing our legitimacy through direct and flagrant disobedience of our orders, so we choose instead to sign our legitimacy over to him voluntarily in the hope that he will not have us arrested at his next SOTU speech."
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mjk4mj.bsky.social•5 days ago
Roberts is racist garbage. Trump is a continuation of the vileness of George W. Bush (Trump amped up the stupidity and cruelty of George W. Bush).
There isn't a person of color whom Roberts wouldn't mind putting into a blender.
Elite universities have churned out many sociopaths.
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ericcarbone.bsky.social•5 days ago
It doesn't take a law degree to see a majority on the Supreme Court views the law as a way to give legal cover to Trump's actions rather than as a guardrail against government abuse of power.

They're political actors now.
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democracydmv.bsky.social•5 days ago
The Supreme Court is the worst reality TV show ever, unfortunately, in their zeal to pretend Trump is sane and almighty, they are destroying the country, “post haste”!
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keysersoze2024.bsky.social•5 days ago
Which was exactly the intent of the Roberts + 4 here.

There’s no dirty water they won’t carry over any bridge now; no bridge is too far.
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janethebotanist.bsky.social•6 days ago
What can we non-lawyers do to help?
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martylemert.bsky.social•6 days ago
So we are calling “hey, BS” on the habeus call? It’s time to deport the court.
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