>> The [District Court] order properly requires the Government to “facilitate” Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador. 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. https://www.supremecourt.gov/opinions/24pdf/24a949_lkhn.pdf
The only question at this point is how detailed in demands the District Court can be.
The administration attempted to push the boundaries of executive power and lost in court, as has been happening.
Turns out, conservative justices with lifetime appointments aren't too legally thrilled about an unbridled executive either.
All John Roberts is doing is asking Trump to go further next time. Whether it's intentional or just cowardice on his part doesn't really matter to the rest of us.
A long game player might even say Roberts is angling for that, by tailoring consensus opinions that nonetheless leave room for the administration to demonstrate further stupidity.
> The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.
Which is such a ridiculously bullshit line of thought. This wasn't some person who willingly went to some random country, this is someone the executive illegally put there against the person's will in coordination with said foreign government. I can guarantee you that any order with teeth will be struck down by SCOTUS on this line of thought.
The court is obviously saying that (1) it's correct and necessary to bring him back but that (2) the District Court doesn't have unbridled authority to order any foreign policy-influencing remedy it wants.
I.e. a US court couldn't order a president to sign a treaty
If the administration tries to foot drag further, the Supreme Court will likely order more specific remedies.
By not taking the L here, the administration is just burning whatever conservative goodwill they might have started with on this Supreme Court.
What makes you think the administration cares about goodwill after that? Disobeying direct court orders is crossing the Rubicon. There's no going back to the illusion that judicial judgements will be respected by this administration.
They tried to weasel around the verbal vs written order, and the consequences of that are still being worked out.
They then appealed the order to immediately bring him back, and the Supreme Court paused that while it decided.
The decision then directed the District Court to clarify the how of what it was demanding.
So "somewhat" and "no": they haven't directly ignored the Supreme Court.
Unless you'd care to cite a specific case and quote from a ruling?
> Disobeying direct court orders is crossing the Rubicon.
Appealing a decision is different than ignoring.
And like the multiple other times it historically happened? https://www.fjc.gov/history/administration/executive-enforce...
On numerous occasions (not just the one you mention), they did not obey the direct order by the time specified, meaning they directly disobeyed the court. For example, post-supreme-court-order, they were obliged to provide the lower court with a status update of the victim, and a list of things they've done so far to retrieve them. They directly violated that court order.
It's important to draw a bright, flashing distinction between:
1. Arguing that you think you should not have to comply with an order, but then complying if you don't receive a ruling in your favor in time.
2. Directly violating a court order, and then tossing out a cynical pretext as an excuse which hasn't been preapproved by the judge (they're called that for a reason).
Unless a stay is placed before the deadline, you must comply with every single court order, by the court-ordered deadline, no matter what you think.
At least, that's how it was before. Now the USA has crossed the Rubicon, with the government itself ignoring court orders at will, in order to imprison political enemies.
It was a decent liberal democracy while it lasted.