Summary
First, it acted with startling speedāso quickly, in fact, that it published the order before Alito could finish writing his dissent; he was forced to note only that a āstatementā would āfollow.ā
Relatedly, awkward phrasing in courtās order may imply that Alitoāwho first received the plaintiffsā requestāfailed to refer it to the full court, as is custom, compelling the other justices to rip the case away from him.
Second, it is plain as day that the Supreme Court simply did not trust the Trump administrationās claims that it would not deport migrants over the weekend without due process.
Finally, and perhaps most obviously, itās critical that only Thomas and Alito noted their dissents. When the court takes emergency action, justices donāt have to note their votes, but they usually do; we can probably assume that this order was 7ā2. That would mean that Chief Justice John Robertsāalong Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrettājoined this rebuke to the Trump administration.
Judge: You may not deport these people until this case is decided.
DoJ/ICE: *busses people out of judgeās district* Fuck you, libtard.
Youād think this would escalate things rather than be an actual way to avoid repercussions. Would the same breakdown in law apply if a domestic abuse victim got a restraining order in the Southern District and then their abuser approached them in the Northern District?
Itās like your mom said you canāt spend the night at a friendās house, so you donāt tell her and spend the night at a different friendās house.
Itās pretty much the same strategy Trump used to avoid serious penalties from his New York cases: just move to Florida.
Thatās where the constitutional crisis comes in because they arenāt listening to court orders. The ones whoād enforce a court order are the ones defying it. āWho watches the watchers?ā