The new Supreme Court decision is a total DEFEAT of the Trump position that due process is not required or does not require a hearing before deportation. The unanimous Court says a pre-deprivation hearing IS required. That's the story, period, as the strategy was not to accord people a hearing.
Thank you for distilling SCOTUS decision on this! So 9-0 on this point….was a little worried. v/r 🫶🇺🇸
Was not 9-0
Now they just have to do it , and enforce it!
I mean, is it? They’ve all still been deported with no consequences for the admin for their actions.
So, next time?
Just saw you on The Last Word. Thanks for clarifying, I feel better now!
It’s only that if it’s substantive. It’s an invitation to litigate right to counsel, def of timely/reasonable notice, if mandated in native language. We won’t know how many are disappeared because of a language barrier. It’s only a right if you understand it. Add a pocket habeas to the papers packet
The Founding Fathers saw a guy like Donnie coming a long, long time ago.
But, are they bringing the people on those 3 planes back?
no
How much would it cost a person to hire an attorney to file a writ of habeas corpus if they are illegally detained by ICE? Would they even be afforded the opportunity to have an attorney? I mean, folks are being rounded up and denied civil rights right now.
I read it this way too but on the practicality point everyone is making re filing habeas from detention, what’s the response? To my mind they are still possibly going to order that the person deported in the 4th cir case in error be brought back to the us, but what about the practical q?
Translation please? 🤔🇺🇸
But the Supreme Court is fine with the enemies act. Is one ruling contradicting the other?
hmmm Which decision is the "new supreme court decision"? It is difficult to keep track considering all of the ongoing CHAOS.
It’s not great for the guy who was wrongly deported, but at least they can’t do this with all the other people they’re claiming they can do this with. It ain’t much but it’s something.
got it. thanks
And in all transparency, I am not a lawyer, but I I think this is right…
So going forward, the SCOTUS unanimously declared that the administration has to do this. What they did not do is allow the order of the lower court ruling that demanded they get the wrongly deported man back to the US immediately was valid and said he needed to get this filed in the proper court
So within the stay, there were two decisions. One decision was unanimous that said you absolutely have to give people the right to contest before you ship them off. The other decision which was 5-4 said that the person in question has to file their habeas corpus petition to the correct court
I'm not a legal mind, but I'm HIGHLY doubtful it will play out in any substantively different way than it has already.
Thank you for helping us non-lawyers understand.
Yeah, well that is def a positive spin and I wish I felt that good. But it’s a bit of a fig leaf of due process if you have no money and 30 minutes to find a lawyer while waiting in TX detention before you are whisked away to ES. At best you then finally get to argue habeas before 5Cir. No bueno.
What about the other 199 who did not get due process? They should also be returned! He knowingly and deliberately violated the judge’s order when they were deported! I haveSO many letters to write to my legislators; I’m making a list of topics.
Will those imprisoned get hearings, then?
I enjoy your podcast and your detailed analysis and explanation.
How will this bring anyone back? The SCOTUS put a stay on the TRO!
Not a lawyer here, so please bear with my question: Suppose someone is found to be 'criminal' in their court appearance and are here legally, can they still be renditioned out of the country?
True, but the dissenting justices raise a lot of important/scary concerns.
Who enforces this? How does it correct those who did not get due process? What happens if they ignore it going forward?
What if one of the "deportees" is someone who knows too much about Donald et al, and the "group of terrorists" is a smokescreen ,
Of course, I'm not sure how helpful Texas judges will be for the Venezuelans. Texas judges have been a real problem for the rest of the country's freedoms but better than nothing.
Not really. There is a reason trump/gop had lots of cases moved to a corrupt Texas judge
bsky.app/profile/joyc...
Supreme Court allows Trump to enforce Alien Enemies Act for rapid deportations for now www.cnn.com/2025/04/07/p...
Supreme Court Clears Way for Venezuelan Deportations to Resume, for Now www.nytimes.com/2025/04/07/u...
Supreme Court gives boost to Trump administration's deportation plans under Alien Enemies Act www.nbcnews.com/politics/sup...
And the removal to Texas? Am I too cynical thinking that this is a way to remove it from Judge Boasberg? Or not cynical enough?
Why Texas? And what about those already sent to the prison w/o due process? DOJ has flimsy evidence - will Texas just accept whatever evidence is given no matter how flimsy?
Apparently TX is where the Venezuelans were sent so I think the statement was that they can't drag them back to DC or elsewhere for a court hearing. But yeah, I think putting a texas judge in charge is next to nothing helpful.
Not the win you say it is bro. It’s a death sentence.
If they have time and access to legal resources. We need an Underground Railroad Network of resources for these people. You have a huge network. I am guessing it includes many retired attorneys who would help. Who could lead this?
I hear you… but it leaves the “notification process” extremely vague and does not address the deportees who were already taken without “gang affiliation” and criminal past. Fuck SCOTUS.
Too right! This group of thugs cannot be "given an inch"...
How do we get these guys back: www.youtube.com/watch?v=_QmW...
Who are these men in the black masks? Are they US law enforcement? And why the mask?
Then why is SCOTUS deciding if a person gov’t admits was wrongly deported, should be returned? Why are not all people being ordered immediately returned for deportation hearings? Feels like SC trying to find a way to let trump get away with another crime.
What about the administration immediately going after the initial judge who ordered the planes to come back? How does that play into this?
I believe it is still on going litigation this was a deadline for DOJ to bring him back this is a confusing day .
midas touch just covered it
That is uncharacteristically optimistic of you. I read it as a laughing scolding. Now make sure you give them some due process, you silly goose! What happens when they give a 30-minute heads up?
🔼 This.
Thank you Andrew . Not the doom and gloom story people are making it out to be .
It's only a defeat if they acknowledge as one and actually yield to the court and the Constitution. Not a lot of confidence in that
I hope this will prevent them from playing a shell game with these people but I am not optimistic.
"NO PERSON" shall be deprived... Couldn't be clearer. If they meant citizen, they'd have said citizen.
we need court reform in the worst way!!
What does this mean for the people who were denied due process and are in a prison in El Salvador?
Thank you for the brief, specific explanation. I couldn’t tell if this decision was horrendous or a step in the right direction based on all the commentary. So I take it this is a net win?
Yeah, I’m not sure I get all the dooming. That’s the most critical decision that needed to be made, that much at least was decided correctly, and this imposes precisely the sort of slowdown and scrutiny that the invocation of the AEA was meant to avoid.
It shouldn’t be legal AT ALL to deport them to third country prisons. These are test runs to start doing this to citizens.
But so fucking what if you’re unjustly in a torture prison NOW. Who cares you can rot there? Please Andrew stop pushing this bullshit. The decision is a slap in the face.
The Red Court should just issue these opinions in Russian. americans can’t read, anyway.
True, but at the 5th Circuit? Ugh.
Now, talk to us about the implications for those illegally deported and imprisoned. Why can’t they be returned for processing?
They can. Evil trump doesn’t want to.
Thank you for pointing this out
2 questions: - Is SCOTUS allowing deportations to El Salvador if the deportees are not citizens of that country? - SCOTUS says challenges must be filed in jurisdiction where deportee is being held. What about transporting the deportee to a favorable venue? Often frowned upon by federal courts.
Not a “total” defeat. Making detainees fight this one by one in habeas petitions is a burden and starting in the 5th circuit where many of the detainees will end up makes justice for them less likely
This!
So why can’t the badges that renditioned people off the streets be charged (State charges) with kidnapping and denying due process? Obviously, the badges didn’t have the proper paperwork either.
If I've understood this, a further point is that the decision mandates publicity and documentation in every case. If the Court had merely said "This isn't allowed" (as some hoped it would), the administration could just have ignored that and everything would have stayed the same.
But what were all the other things they airbrushed?
DOJ: The President is a god king who gets to kidnap innocent people and send them to 3rd world concentration camps. SCOTUS: We decline to adopt the President's argument that he is a god king. However, the kidnappings are fine. Media: Split decision today Rinse, repeat
No, it's not. Ugh
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Correct, they can not just put people on airplanes and send them to foreign prisions. That is kidnapping! But all the magatards are celebrating on X, they think the airplanes will start to take people to foreign prisions again, without a procees. When did America became this ignorant and evil?
Are we at war with Venezuela?
This is good! But why did Roberts swing the other way?
So everyone that has been sent to El Salvador has had their due process violated and need to be returned to the US. As usual the #CorruptSCOTUS gives Trump and the #Repussycans room to wiggle out.
Ok. But stayed order to bring Garcia back was acquiescence to Trump. The rule of law is still gone. The poor men in El Salvador will likely never be brought back.
Hearings in corrupt Texas? That isn’t a win. It should be in the states they live in.
www.npr.org/2025/04/07/n...
I wouldn't describe it as a total defeat. It was the least they could do if they want to continue pretending to be an equal branch of government that cares about the Constitution.
Never Forget. Our Government is Of the People, By the People, FOR the People. All. Our People. Clearly. Blowing up Congress phones is Not Enough Scotus: www.supremecourt.gov/contact/cont... & the entire Federal Judicial Branch. Please. Let them know.
But most of them are going to be kidnapped to Texas to be heard by the fifth circuit, which isn’t really due process
There are also 250+ humans sitting in a prison in El Salvador that were not afforded due process.
No different than another country in Texas
Louisiana too. Same reason…
Or other red complicit states, where no due process should be expected. This is their intentional, evil plan.
I just can't take any more of these "bright side of fascism" hot-takes.
Exactly. Sending them to a maga Kangaroo Court is NOT due process.
And jamming the 5th Circuit with hundreds of thousands, maybe millions, of cases is the backdoor workaround to ditching due process.
They will make it a money making scheme some kind of way.
Just as the admin was about to send 2 more plane loads of “immigrants” to Libya, J. Boasman held them in criminal contempt & ordered the El Salvador prisoners back by next Wed. or face the music!
When will the day come when you explain this? I assume you wanted to indict but Mueller said no? The public deserves answers at this point. Vladimir Putin is literally ruining America through Trump.
Thank you for sharing a glimmer of hope.
Did the ACLU concede that the AEA was properly invoked by the Trump regime? If not, why didn't SCOTUS deal with this threshold question?
Okay, but what about all the people who are having to spend even a day in the conditions we have barely even seen but seen enough of to know they can scar a person for life? How will we ever make it up to them?
How will the Republican Party ever make it up to all of us?
When their heads are on stakes. Justice.
There will be no Republican party after this. Maybe, like Germany did with all things Nazi, they will be forbidden to hold any position or speak publicly.
I would love to think our elected officials would have the spines to do what Germany did after WWII. I'm not holding my breath. It might interfere with their beloved "decorum". Hell they didn't have the guts to put Trump in prison where he belongs.
Agreed. But I'm hoping.
We have to make sure they do or this won’t end. Other countries helped Germany ensure justice was served. There is amazing footage and writing from the trials. We have guidance from what came before to do what’s right now.
By having the same fate as the wicked witch of the west.
forced labor camps for dissenters?
They’re acting like they’re not going to have to 🤷🏻♂️
What good does that do if you’re already in El Salvador or elsewhere?What will stop them from doing it again and saying “sorry can’t get them back”? How do you demand a hearing from El Salvador?
Optimistic. Not in the jx from which they were seized, but where they are held?? In other words, the most loony conservative jx in the country. And when the gov't is moving them around to avoid accountability? What then? Is there even time for habeus corpus before they're shipped out of the country?
But as a practical matter, even if they give proper notice and a chance to contest their removal, how many are able to in a meaningful way? How many have lawyers? How many will be given notice in their own language?
But is it ok for us to send immigrants to torture prisons in other countries for ANY reason?? And we’re paying $6 million??? Of course we can get them back. Why aren’t we bringing them all back?!?
Just watched you on The Last Word tonight. Just like you, I can't believe the cruelty that is happening with this administration! I'm hoping the supreme court is going to rule against the administration that due process must be afforded to people that the administration wants to deport.
Based on the new Supreme Court decision, all the individuals currently in El Salvador are there in violation of their 'due process' rights. Why didn’t the court order their return based on this fact? Is that something the lower court addresses when the case is remanded?
Ok I feel a little better. But not until the innocent are given due process and back with their families.
A little surprised the majority did not back him. There's still hope
So what does that mean for the Alien Enemies Act?
Your explanation regarding SCOTUS on Last Word was very helpful ~ thx!
Total? Partial defeat. They could've done a dozen things to invalidate the possibility. Who runs the new "hearings" and why did Barrett vote with the non-fascists?
So why did the SJC overturn the stay? Countering both the 4th Ammendment : unreasonable search & seizure & 5th Ammendment : due process. What happened to Chief Justice John Robert's statement defending Judges, the courts & the rule of law?
A pre-deprivation hearing is only required *if* they can file habeas in time. Since people in immigration detention have no constitutional right to counsel, how many will actually be able to?
Wait. I'm confused. I am seeing posts that say that the decision was 5-4 (with Barrett dissenting with the liberal justices). So much news that it is overwhelming and now I don't know which end is up.
Justice Sotomayor with a bone-chilling dissent today: “The implication of the govt’s position is noncitizens AND US citizens could be taken off streets, forced onto planes, confined to foreign prisons with no opportunity for redress…This Nation's laws is designed to prevent, not en-able, their rise.
These people were here, legally or not, working jobs, paying taxes, and now SCOTUS says it's fine to pay a third world shithole $20,000 a head annually to lock them up in a gulag. And you think this was a victory for due process? Leave your credibility at the door and get the fuck out.
Not really the W you think it is. Those already removed may not get a Habeas hearing, Most hearings held in 5th circuit (strongly pro-trump) and each habeas case held individually, for each person, every time. No relief for a class of victims. www.stevevladeck.com/p/140-the-di...
Except there are people whose lives are in extreme peril languishing in a brutal gulag that SCOTUS left there - inhumane - disgraceful and unlawful — particularly in light of the admission that in one case the poor man was mistakenly disappeared - repugnant
Enough already. Rise up and fight back. bsky.app/profile/gopj...
It’s a small victory but if you read the opinion it’s very troubling for the future
If it's good, then why did Sotomayor have to write a descent? I'm confused.
Justice Jackson's dissent was 🔥
It is not good. Post put an optimist spin on it.
www.reddit.com/r/Whistleblo... Explain that to these people. Look at what they’re doing.
Thank-you! Sure wish Corporate News would... Immigrants are most certainly due their due process rights as America Citizens (and human beings) - thank you!
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I want to know why a contract was awarded to El Salvador without a bidding process? I thought when taxpayer funds are used, the govt must employ a competitive process to ensure against waste and grift- oh wait! I forgot… But maybe we could slow things down by challenging the decision on that basis.
Am I mistaken that they also said it must be a hearing in front of a TEXAS judge? Nothing in DC. judge-shopping in corrupt Texas is an easy out.
That applied to the 5 detainees who are in Texas. They were the plaintiffs
If you believe they will follow this you be smoking some serious meth.
I'm confused. Explain the dissent.
Yet we all know why these trials have to be in Texas...
Thank you for your encouraging take on the ruling tonite. You talked me off the ledge. Take care and blessings.
Does this mean ALL men sent to El Salvador must come back? Not just Garcia? He’s different, I understand but none of them received due process
A hearing in El Salvador is not a hearing in the venue they were seized. Anything less is not true justice.
Care to restate, Counsellor?
Is this a felony or at least a high crime, ie violating the US CONSTITUTION?
But won't they conduct the pre-deprivation hearings by administrative judges compliant enough to avoid being sacked by Trump, with habeas petitions going to district court judges in Texas overseen by the Fifth Circuit, also compliant with Trump? How much dues process comes from this?
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