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.
Years ago, I was calling out the Bush administration for following the Nazi playbook, and was constantly berated and insulted, and slapped with āGodwinās Law,ā which has been sufficiently proven to be Nazi counter-propaganda designed to silence critics, while the inexorable crawl to Nazism continued.
Hell, even Godwin came out and said āOh yeah, these guys are totally acting like Nazis. Go ahead and compare them.ā
Everyboy immediately thinks of the Holocaust, thatās why. The US isnāt quite there - yet. All the more reason to point out the similarities to the beginnings.
I think Godwinās law was meant for like arguing about tabs vs spaces, or other low stakes things.
But as discussed elsewhere, conservatives have abysmal literacy and analytical skills, so itās not surprising they wouldnāt understand when a comparison is merited.
The true meaning of it got perverted into meaning that whenever a poster used a Nazi reference to describe the behavior of politicians, it violated Godwinās Law. I was constantly accused of it whenever I mentioned that the Bush administration was obviously following the Nazi Playbook.