Comment by treetalker

This was before the Court on an emergency application for relief from the District of Maryland's order. (Of course — virtually everything from this administration is filed as an "emergency" — see https://www.nytimes.com/2025/04/10/us/politics/supreme-court....)

The Chief Justice temporarily stayed the order pending the Court's review.

The Court restored the effect of the District of Maryland's order that the government facilitate the return but ordered that the District of Maryland clarify what it meant by "effectuate" and that it give due deference to the Executive regarding foreign policy functions.

So the Court was balancing its own role vis-à-vis the District Court's role as the court of first instance, as well as the Judicial Branch's role vis-à-vis the Executive Branch's.

But a heavier hand is warranted and required, in my humble estimation.

Later edit: Prior administrations have taken full advantage of the emergency docket too; I intended to emphasize that, in these first 100 days of the second Trump administration, the (not unexpected) flurry of cases has the government seeking emergency review left and right.