cross-posted from: https://midwest.social/post/25857740
This is INSANE! Trump is asking the Supreme Court to bless his administration screwing up TO THE POINT THEY CEEDED CUSTODY OF A PERSON THEY DIDN’T HAVE LEGAL CUSTODY OVER and not require them to fix it?
If SCOTUS backs Trump here, literally all is lost. Due process will have NO MEANING if this isn’t fixed ASAP.
Remember, if they did it to this guy the only thing stopping them from doing it to you or me is dumb luck.
If they managed to get Bukele to make such a statement, and they got it into the district court record, I would guess that Xinis would back off and not press contempt.
If I had to predict the supreme court on this pending appeal, I’m going with 7-2 to deny the stay, with Thomas and Alito dissenting.
This case is moving so fast because the DOJ career lawyer basically conceded the government’s entire case at the hearing last week. The normal rule is that you can’t introduce evidence and arguments on appeal if you didn’t raise them at the district court. The government is now furiously trying to bypass that in these appeals.
So I think some of the conservative justices will be upset with that, and they will also not want to concede power from the courts to the executive branch. They want that power for themselves.