Comment by outer_web

9 days ago

> 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.

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outer_web

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anon84873628  9 days ago

>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.

treetalker  9 days ago

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.

unsnap_biceps  9 days ago

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.