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The Supreme Court Is Giving Lower Court Judges No Reason to Listen to It - Balls and Strikes
Balls and StrikesOn Monday, the Republicans on the Supreme Court issued an unsigned, unexplained order permitting the Trump administration to ship noncitizens to countries where they have never been and where they may reasonably fear for their lives, without providing them notice or the opportunity to contest their removal as required by both the U.S. Constitution and the UN Convention Against Torture.
Lower courts have repeatedly told the president he cannot simply disappear people. But the president has repeatedly failed to listen. And Department of Homeland Security v. D.V.D is the Supreme Court’s way of telling the president that he doesn’t have to.
DHS v. D.V.D. is one of many cases arising from the Trump administration’s implementation of its mass deportation agenda, which has been shrouded in secrecy, chaos, and the ever-present threat of violence. Here, the plaintiffs are noncitizens with final removal orders that, first, resulted from hearings they actually knew about and participated in, and second, specified the country to which they would be removed—usually their birth country or another country where they have lawful residency. But they sued the federal government after Trump’s DHS started putting them on buses and planes to random countries without warning and without telling them where they were going, or giving them a chance to prove they would not be safe if sent there.
In lower courts, the plaintiffs won various forms of interim relief, earning an injunction that prevented the administration from shipping them off while litigation was still ongoing. Or at least, that’s what they thought the injunction did, because the district court in this case soon found that the administration violated that order by continuing to fly people off to other countries, including South Sudan—a war zone where none of them are from, and where the U.S. government is actively advising people not to travel due to “crime, kidnapping, and armed conflict.”
It is that preliminary injunction—the one the government already violated—that the government requested the Court lift in D.V.D. And the Court granted the government’s request. Why? Because fuck you, that’s why. If the conservative justices had any reasons for overriding the lower court, other than complete disregard for both law and life, they did not care to share them in the order.
Lower courts have repeatedly told the president he cannot simply disappear people. But the president has repeatedly failed to listen. And Department of Homeland Security v. D.V.D is the Supreme Court’s way of telling the president that he doesn’t have to.
DHS v. D.V.D. is one of many cases arising from the Trump administration’s implementation of its mass deportation agenda, which has been shrouded in secrecy, chaos, and the ever-present threat of violence. Here, the plaintiffs are noncitizens with final removal orders that, first, resulted from hearings they actually knew about and participated in, and second, specified the country to which they would be removed—usually their birth country or another country where they have lawful residency. But they sued the federal government after Trump’s DHS started putting them on buses and planes to random countries without warning and without telling them where they were going, or giving them a chance to prove they would not be safe if sent there.
In lower courts, the plaintiffs won various forms of interim relief, earning an injunction that prevented the administration from shipping them off while litigation was still ongoing. Or at least, that’s what they thought the injunction did, because the district court in this case soon found that the administration violated that order by continuing to fly people off to other countries, including South Sudan—a war zone where none of them are from, and where the U.S. government is actively advising people not to travel due to “crime, kidnapping, and armed conflict.”
It is that preliminary injunction—the one the government already violated—that the government requested the Court lift in D.V.D. And the Court granted the government’s request. Why? Because fuck you, that’s why. If the conservative justices had any reasons for overriding the lower court, other than complete disregard for both law and life, they did not care to share them in the order.
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