The News Republic - The Supreme Court dealt a severe blow to the American rule of law on Monday night by clearing the way for the Trump administration to deport migrants and other noncitizens to random countries where they have no ties or connections, effectively rewarding the White House for its defiance of court orders to the contrary.
Federal judges in the lower courts had previously blocked the administration from carrying out such removals by citing the Fifth Amendment’s due process clause. The plaintiffs and the courts cited evidence that the government had provided little to no notice to noncitizens facing such removal and had ignored federal law that gives them an opportunity to challenge it. To make matters worse, the administration continued to carry out the removals even after a court order barred them from doing so.
Without any explanation, however, the high court sided with the Trump administration and stayed the lower court orders until further notice, in a 6–3 decision. The conservative majority’s intervention will allow the administration to carry out further removals to countries like Libya and South Sudan, despite the ongoing legal challenges—and despite the White House’s own misconduct.
“Rather than allowing our lower court colleagues to manage this high-stakes litigation with the care and attention it plainly requires, this court now intervenes to grant the government emergency relief from an order it has repeatedly defied,” Justice Sonia Sotomayor wrote in a dissenting opinion, which was joined by the court’s other two liberals. “I cannot join so gross an abuse of the court’s equitable discretion.”
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