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The new Supreme Court decision is a total DEFEAT of the Trump position that due process is not required or does not require a hearing before deportation. The unanimous Court says a pre-deprivation hearing IS required. That's the story, period, as the strategy was not to accord people a hearing.

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It’s only that if it’s substantive. It’s an invitation to litigate right to counsel, def of timely/reasonable notice, if mandated in native language. We won’t know how many are disappeared because of a language barrier. It’s only a right if you understand it. Add a pocket habeas to the papers packet

How much would it cost a person to hire an attorney to file a writ of habeas corpus if they are illegally detained by ICE? Would they even be afforded the opportunity to have an attorney? I mean, folks are being rounded up and denied civil rights right now.

I read it this way too but on the practicality point everyone is making re filing habeas from detention, what’s the response? To my mind they are still possibly going to order that the person deported in the 4th cir case in error be brought back to the us, but what about the practical q?

It’s not great for the guy who was wrongly deported, but at least they can’t do this with all the other people they’re claiming they can do this with. It ain’t much but it’s something.

So going forward, the SCOTUS unanimously declared that the administration has to do this. What they did not do is allow the order of the lower court ruling that demanded they get the wrongly deported man back to the US immediately was valid and said he needed to get this filed in the proper court

So within the stay, there were two decisions. One decision was unanimous that said you absolutely have to give people the right to contest before you ship them off. The other decision which was 5-4 said that the person in question has to file their habeas corpus petition to the correct court

Yeah, well that is def a positive spin and I wish I felt that good. But it’s a bit of a fig leaf of due process if you have no money and 30 minutes to find a lawyer while waiting in TX detention before you are whisked away to ES. At best you then finally get to argue habeas before 5Cir. No bueno.

What about the other 199 who did not get due process? They should also be returned! He knowingly and deliberately violated the judge’s order when they were deported! I haveSO many letters to write to my legislators; I’m making a list of topics.

Of course, I'm not sure how helpful Texas judges will be for the Venezuelans. Texas judges have been a real problem for the rest of the country's freedoms but better than nothing.

Apparently TX is where the Venezuelans were sent so I think the statement was that they can't drag them back to DC or elsewhere for a court hearing. But yeah, I think putting a texas judge in charge is next to nothing helpful.

If they have time and access to legal resources. We need an Underground Railroad Network of resources for these people. You have a huge network. I am guessing it includes many retired attorneys who would help. Who could lead this?

Yeah, I’m not sure I get all the dooming. That’s the most critical decision that needed to be made, that much at least was decided correctly, and this imposes precisely the sort of slowdown and scrutiny that the invocation of the AEA was meant to avoid.

2 questions: - Is SCOTUS allowing deportations to El Salvador if the deportees are not citizens of that country? - SCOTUS says challenges must be filed in jurisdiction where deportee is being held. What about transporting the deportee to a favorable venue? Often frowned upon by federal courts.

So why can’t the badges that renditioned people off the streets be charged (State charges) with kidnapping and denying due process? Obviously, the badges didn’t have the proper paperwork either.

If I've understood this, a further point is that the decision mandates publicity and documentation in every case. If the Court had merely said "This isn't allowed" (as some hoped it would), the administration could just have ignored that and everything would have stayed the same.

DOJ: The President is a god king who gets to kidnap innocent people and send them to 3rd world concentration camps. SCOTUS: We decline to adopt the President's argument that he is a god king. However, the kidnappings are fine. Media: Split decision today Rinse, repeat

Correct, they can not just put people on airplanes and send them to foreign prisions. That is kidnapping! But all the magatards are celebrating on X, they think the airplanes will start to take people to foreign prisions again, without a procees. When did America became this ignorant and evil?

I wouldn't describe it as a total defeat. It was the least they could do if they want to continue pretending to be an equal branch of government that cares about the Constitution.

Just as the admin was about to send 2 more plane loads of “immigrants” to Libya, J. Boasman held them in criminal contempt & ordered the El Salvador prisoners back by next Wed. or face the music!

When will the day come when you explain this? I assume you wanted to indict but Mueller said no? The public deserves answers at this point. Vladimir Putin is literally ruining America through Trump.

Okay, but what about all the people who are having to spend even a day in the conditions we have barely even seen but seen enough of to know they can scar a person for life? How will we ever make it up to them?

I would love to think our elected officials would have the spines to do what Germany did after WWII. I'm not holding my breath. It might interfere with their beloved "decorum". Hell they didn't have the guts to put Trump in prison where he belongs.

Optimistic. Not in the jx from which they were seized, but where they are held?? In other words, the most loony conservative jx in the country. And when the gov't is moving them around to avoid accountability? What then? Is there even time for habeus corpus before they're shipped out of the country?

But as a practical matter, even if they give proper notice and a chance to contest their removal, how many are able to in a meaningful way? How many have lawyers? How many will be given notice in their own language?

But is it ok for us to send immigrants to torture prisons in other countries for ANY reason?? And we’re paying $6 million??? Of course we can get them back. Why aren’t we bringing them all back?!?

Just watched you on The Last Word tonight. Just like you, I can't believe the cruelty that is happening with this administration! I'm hoping the supreme court is going to rule against the administration that due process must be afforded to people that the administration wants to deport.

So why did the SJC overturn the stay? Countering both the 4th Ammendment : unreasonable search & seizure & 5th Ammendment : due process. What happened to Chief Justice John Robert's statement defending Judges, the courts & the rule of law?

Wait. I'm confused. I am seeing posts that say that the decision was 5-4 (with Barrett dissenting with the liberal justices). So much news that it is overwhelming and now I don't know which end is up.

Justice Sotomayor with a bone-chilling dissent today: “The implication of the govt’s position is noncitizens AND US citizens could be taken off streets, forced onto planes, confined to foreign prisons with no opportunity for redress…This Nation's laws is designed to prevent, not en-able, their rise.

These people were here, legally or not, working jobs, paying taxes, and now SCOTUS says it's fine to pay a third world shithole $20,000 a head annually to lock them up in a gulag. And you think this was a victory for due process? Leave your credibility at the door and get the fuck out.

Not really the W you think it is. Those already removed may not get a Habeas hearing, Most hearings held in 5th circuit (strongly pro-trump) and each habeas case held individually, for each person, every time. No relief for a class of victims. www.stevevladeck.com/p/140-the-di...

stevevladeck.com140. The Disturbing Myopia of Trump v. J.G.G.In normal times, it might be possible to defend the Supreme Court's 5-4 ruling on Monday vacating a pair of temporary restraining orders in the Alien Enemy Act case. But these aren't normal times.

Thank-you! Sure wish Corporate News would... Immigrants are most certainly due their due process rights as America Citizens (and human beings) - thank you!

But won't they conduct the pre-deprivation hearings by administrative judges compliant enough to avoid being sacked by Trump, with habeas petitions going to district court judges in Texas overseen by the Fifth Circuit, also compliant with Trump? How much dues process comes from this?