Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

pat_k

(11,142 posts)
Thu Apr 10, 2025, 10:21 PM Apr 10

SCOTUS decision on Abrego Garcia is VERY problematic

They created an out for the 47 regime - a loophole big enough to drive a truck through. They basically said ordering his actual return "may exceed" the court's authority

I fear the poor man will not be on his way home anytime soon, if ever.


...On Friday, April 4, the United States District Court for the District of Maryland entered an order directing the Government to “facilitate and effectuate the return of [Abrego Garcia] to the United States by no later than 11:59 PM on Monday, April 7.” ...

... The intended scope of the term “effectuate” in the District Court’s order is, however, unclear, and may exceed the District Court’s authority. The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs. For its part, the Government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps...
.

Here is how things are likely to play out:
The 47 regime will claim they tried to "facilitate" his return without success. They will say they can share no details. (SCOTUS only suggests they be prepared to "share what they can." It is guaranteed they will say they can share nothing.) The district court will "clarify" that effectuate with "due deference" means to actually return the man by date X. It will go back to SCOTUS to be overturned as "exceeding authority" in a 5-4 decision.
11 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

LakeVermilion

(1,314 posts)
1. I'm surprised that TSF can't negotiate this with a shithole country.
Thu Apr 10, 2025, 10:27 PM
Apr 10

After all, he wrote "The Art of the Deal."

pat_k

(11,142 posts)
4. They won't bother to try.
Thu Apr 10, 2025, 10:50 PM
Apr 10

They could have had the man back in the time a flight would take.

WarGamer

(16,928 posts)
2. logical analysis...
Thu Apr 10, 2025, 10:29 PM
Apr 10

Even of he comes back... who's to say that Noem doesn't restart the legal process to deport him?

Silent Type

(8,972 posts)
3. Think the SC was clear. trump admin has to make a reasonable attempt, but they don't have to send troops
Thu Apr 10, 2025, 10:40 PM
Apr 10

or bomb a foreign country if it came to that. Doubt it will. Exactly how SC might ensure release, why take more days to try to describe that in the Decision.

We’ll see what happens.

J_William_Ryan

(2,645 posts)
5. "They won't bother to try."
Thu Apr 10, 2025, 11:25 PM
Apr 10

Correct.

And this is just the start.

Trump is a fascist thug – he’ll get away with defying the courts for the next four years.

Arazi

(7,710 posts)
6. Dem messaging must emphasize how weak Traitor is that he can't get him back
Fri Apr 11, 2025, 12:11 AM
Friday

Pound on messaging about how Bukele is calling the shots because Traitor is too weak.

FWIW, I agree SCOTUS left those wayyyy too ambiguous and this administration has no desire to comply so they’re going to try every dodge.

Dems must be on top of messaging

Figarosmom

(5,199 posts)
8. They are paying to have them imprisoned.
Fri Apr 11, 2025, 12:37 AM
Friday

Hold payment until the return. What's the problem? TSF should be able to handle that.

Latest Discussions»General Discussion»SCOTUS decision on Abrego...