If you read the opinions, it's even less clear. The majority does not make it at all clear whether or not refunds are due, and Kavanaugh's dissent specifically calls out this weakness in the majority opinion.
Even if the executive branch's actions stop here, there's still a lot of arguing in court to do over refunds.
Meh, Kavanaugh indirectly caused the whole mess, and directly caused many related and similar ones. It's a bad-faith complaint, Kavanaugh's actual track record is "always let Trump move fast and if he breaks things then whatever."
Basically we have a legal processes for courts going "this is weird and unlikely to stand and hard/impossible to fix afterwards, so do nothing until you get a green light", using temporary restraining orders and injunctions.
Yet Kavanaugh et al spent the last year repeatedly overriding lower-courts which did that, signaling that if someone said "let's figure this out first" to radical and irreparable Republican policies, the Supreme Court would not have their backs.
______________
> In case after case, dissenting justices have argued that the Court has “botched” this analysis and made rulings that are “as incomprehensible as [they are] inexcusable,” halting lower court injunctions without any showing that the government is facing harm and with grave consequences, including in some cases in which the plaintiffs are at risk of torture or death. The majority’s response to these serious claims? Silence.
> President Donald Trump and his appointees have been accused of flouting courts in a third of the more than 160 lawsuits against the administration in which a judge has issued a substantive ruling, a Washington Post analysis has found, suggesting widespread noncompliance with America’s legal system.
> Judge Provinzino, who spent years as a federal prosecutor, had ordered the government to release Mr. Soto Jimenez “from custody in Minnesota” by Feb. 13. An order she issued on Tuesday indicates that the government failed not only to return his documents, but also to release him in Minnesota as she had initially specified.
> On April 10 [2025], the Supreme Court released an unsigned order with no public dissents. In reciting the facts of the case the court stated: "The United States acknowledges that Abrego Garcia was subject to a withholding order forbidding his removal to El Salvador, and that the removal to El Salvador was therefore illegal." It ruled that the District Court "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."
> During the [April 14 2025] meeting, US Attorney General Pam Bondi said that it was up to El Salvador, not the American government, whether Abrego Garcia would be released.
All of those are deportation cases, the NYTimes one for example is a $500/day fine on a government lawyer because they haven't returned a man's ID documents a week after he got bail.
There's been lots of coverage of how government lawyers are overwhelmed because they have thousands of immigration cases being appealed and government lawyers keep quitting due to workload. So they have a giant backlog causing lots of administrative issues on following through with court orders.
If you read the opinions, it's even less clear. The majority does not make it at all clear whether or not refunds are due, and Kavanaugh's dissent specifically calls out this weakness in the majority opinion.
Even if the executive branch's actions stop here, there's still a lot of arguing in court to do over refunds.
It is not a "weakness" of the majority that the criminal activity has left a mess.
No, but it is a weakness that they have neglected to provide the clarity that would be required to clean it up.
5 replies →
Meh, Kavanaugh indirectly caused the whole mess, and directly caused many related and similar ones. It's a bad-faith complaint, Kavanaugh's actual track record is "always let Trump move fast and if he breaks things then whatever."
Basically we have a legal processes for courts going "this is weird and unlikely to stand and hard/impossible to fix afterwards, so do nothing until you get a green light", using temporary restraining orders and injunctions.
Yet Kavanaugh et al spent the last year repeatedly overriding lower-courts which did that, signaling that if someone said "let's figure this out first" to radical and irreparable Republican policies, the Supreme Court would not have their backs.
______________
> In case after case, dissenting justices have argued that the Court has “botched” this analysis and made rulings that are “as incomprehensible as [they are] inexcusable,” halting lower court injunctions without any showing that the government is facing harm and with grave consequences, including in some cases in which the plaintiffs are at risk of torture or death. The majority’s response to these serious claims? Silence.
https://www.brennancenter.org/our-work/analysis-opinion/supr...
The executive branch couldn't so much as order me drink a cup of tea unless it first drafted me into the army or declared martial law.
Irrelevant. The people who would send the money for refunds are people who do take such orders.
With that attitude you will be shot on the spot for resisting.
Why does that seem more likely? They haven't done that yet.
Sure they have.
https://www.washingtonpost.com/politics/2025/07/21/trump-cou...
> President Donald Trump and his appointees have been accused of flouting courts in a third of the more than 160 lawsuits against the administration in which a judge has issued a substantive ruling, a Washington Post analysis has found, suggesting widespread noncompliance with America’s legal system.
https://www.nytimes.com/2026/02/18/us/politics/justice-depar...
> Judge Provinzino, who spent years as a federal prosecutor, had ordered the government to release Mr. Soto Jimenez “from custody in Minnesota” by Feb. 13. An order she issued on Tuesday indicates that the government failed not only to return his documents, but also to release him in Minnesota as she had initially specified.
https://en.wikipedia.org/wiki/Deportation_of_Kilmar_Abrego_G...
> On April 10 [2025], the Supreme Court released an unsigned order with no public dissents. In reciting the facts of the case the court stated: "The United States acknowledges that Abrego Garcia was subject to a withholding order forbidding his removal to El Salvador, and that the removal to El Salvador was therefore illegal." It ruled that the District Court "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."
> During the [April 14 2025] meeting, US Attorney General Pam Bondi said that it was up to El Salvador, not the American government, whether Abrego Garcia would be released.
(That was, of course, a blatant lie.)
All of those are deportation cases, the NYTimes one for example is a $500/day fine on a government lawyer because they haven't returned a man's ID documents a week after he got bail.
There's been lots of coverage of how government lawyers are overwhelmed because they have thousands of immigration cases being appealed and government lawyers keep quitting due to workload. So they have a giant backlog causing lots of administrative issues on following through with court orders.
https://newrepublic.com/post/206115/this-job-sucks-doj-attor...
6 replies →
"Seem more likely to" usually refers to the future, but is based on past behaviour. Hope that clears it up!