I really hope this story doesn't get ganged up on and flagged into oblivion.
A few key things to note in the decision
* The decision is unanimous with no dissents.
* This case is pretty atypical of the other cases involving people deported to Cecot(the El Salvadorian prison) in that the govt straight up admitted that they had deported this person in error
This case is almost certainly not indicative of the supreme court's thinking on the broader issue as the facts involved were very clear, and there are no real broad implications (regardless of what the govt asserted)
The case regarding the applicability of the Alien Enemies Act without the exigent circumstances of a war or genuine existential threat to the nation is the key case to watch.
> The district court overstepped by saying you must 'effectuate' his return, but you must 'facilitate' it
So, I guess, if El Salvador decides to comply with the SCOTUS decision, the US has to provide a plane. Or maybe a bus. Seems like due process is purely voluntary at this point.
I just can't imagine being the guy who decides to litigate this as long as possible knowing they renditioned an innocent father.
>I just can't imagine being the guy who decides to litigate this as long as possible
Fortunately, in the other related case Judge Boasberg has been carefully & systematically building a contempt case against the DOJ lawyers. The Supreme Court ruling on procedural grounds yesterday does not make it moot. Remains to be seen whether a contempt verdict could be enforced, but Boasberg is a patriot doing heroic work.
I don't believe that the text indicated as quoted appears in the order or the Sotomayor statement.
That language is in the right direction of a summary, but the Court did not hold that the district court erred — merely that the district court must clarify that part of its order on remand, in light of the deference the Judiciary owes to the Executive in foreign policy matters.
I really hope this story doesn't get ganged up on and flagged into oblivion.
A few key things to note in the decision
* The decision is unanimous with no dissents.
* This case is pretty atypical of the other cases involving people deported to Cecot(the El Salvadorian prison) in that the govt straight up admitted that they had deported this person in error
This case is almost certainly not indicative of the supreme court's thinking on the broader issue as the facts involved were very clear, and there are no real broad implications (regardless of what the govt asserted)
The case regarding the applicability of the Alien Enemies Act without the exigent circumstances of a war or genuine existential threat to the nation is the key case to watch.
> The district court overstepped by saying you must 'effectuate' his return, but you must 'facilitate' it
So, I guess, if El Salvador decides to comply with the SCOTUS decision, the US has to provide a plane. Or maybe a bus. Seems like due process is purely voluntary at this point.
I just can't imagine being the guy who decides to litigate this as long as possible knowing they renditioned an innocent father.
>I just can't imagine being the guy who decides to litigate this as long as possible
Fortunately, in the other related case Judge Boasberg has been carefully & systematically building a contempt case against the DOJ lawyers. The Supreme Court ruling on procedural grounds yesterday does not make it moot. Remains to be seen whether a contempt verdict could be enforced, but Boasberg is a patriot doing heroic work.
I don't believe that the text indicated as quoted appears in the order or the Sotomayor statement.
That language is in the right direction of a summary, but the Court did not hold that the district court erred — merely that the district court must clarify that part of its order on remand, in light of the deference the Judiciary owes to the Executive in foreign policy matters.
I would presume that the US would have to stop paying to keep him there, which should be a step in the right direction at least.
> I just can't imagine being the guy who decides to litigate this as long as possible knowing they renditioned an innocent father.
The original gov. lawyer was put on leave after not wanting to be that guy.
https://www.nytimes.com/2025/04/05/us/politics/justice-dept-...
Earlier discussion: https://news.ycombinator.com/item?id=43649079
Why is this person even in prison ?
Anyone know the CECOT process ?
Are US government lawyers prosecuting the case in El Salvador ?
> Why is this person even in prison ?
Presumably because he is a foreigner.