This is a The Volokh Conspiracy post. It's a source I implicitly trust to clarify the nuances in complex legal topics.
On the board is last night's SCotUS decision in which the full court, uncharacteristically, does not wait for the 5th Circuit decision. Instead it issues an order blocking deportations done under the Alien Enemies Act.
The process seems to sidestep at least some of the expected signaling (from upper to lower) that happens at this judicial level. That reflects something akin to - if not alarm, at least urgency - on behalf of the SCotUS.
> Justice Thomas and Justice Alito dissent
Of course they do. Are those two ever on the right side of history anymore?
They were with Abrego Garcia case at least.
This is a The Volokh Conspiracy post. It's a source I implicitly trust to clarify the nuances in complex legal topics.
On the board is last night's SCotUS decision in which the full court, uncharacteristically, does not wait for the 5th Circuit decision. Instead it issues an order blocking deportations done under the Alien Enemies Act.
The process seems to sidestep at least some of the expected signaling (from upper to lower) that happens at this judicial level. That reflects something akin to - if not alarm, at least urgency - on behalf of the SCotUS.