Leslie
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maximum31337.bsky.social
Leslie
@maximum31337.bsky.social
110 followers 120 following 26 posts
I’d rather be divisive than indecisive
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leahlitman.bsky.social
This is important! But I’m not giving SCOTUS any credit until it gives this teeth. bsky.app/profile/reic...
reichlinmelnick.bsky.social Aaron Reichlin-Melnick @reichlinmelnick.bsky.social · Apr 7
IMPORTANT: Sotomayor, in the dissent, emphasizes that all 9 justices believe that the Trump administration cannot do what it wants to do: shove people onto a plane with NO due process.

They openly told the DC Circuit they were going to do that if they won. On that issue, they lost.
So too do we all agree with the per curiam's command that the Fifth Amendment requires the Government to af-ford plaintiffs "notice after the date of this order that they are subject to removal under the Act,... within reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs." Ante, at 3. That means, of course, that the Gov-ernment cannot usher any detainees, including plaintiffs, onto planes in a shroud of secrecy, as it did on March 15, 2025. Nor can the Government "immediately resume" re-moving individuals without notice upon vacatur of the TRO, as it promised the D. C. Circuit it would do. See 2025 WL 914682, 13 (Millett, J., concurring) (referencing oral argu-ment before that court). To the extent the Government re-moves even one individual without affording him notice and meaningful opportunity to file and pursue habeas relief, it does so in direct contravention of an edict by the United States Supreme Court.
April 7, 2025 at 11:44 PM