It really doesn't work that way.A federal judge DENIED the Trump admin's bid to vacate a 5 p.m. hearing probing whether they violated his order to turn back the flights to El Salvador.
— Adam Klasfeld (@KlasfeldReports) March 17, 2025
Trump DOJ's top ranks claimed no hearing was necessary because they denied a violation. pic.twitter.com/eVD5PUloOB
If the Supremes see it that way, it's game over for the DOJ position.ACLU Lee Gelernt to a judge over the Trump admin's response to Judge Boasberg's order:
— Adam Klasfeld (@KlasfeldReports) March 17, 2025
"There has been a lot of talk the last couple of weeks about a constitutional crisis. I think we’re getting very close to that."
First year law students know that's not how equity works.Judge Boasberg dispatches with Trump DOJ's claim that he had no jurisdiction once the planes were out of US airspace:
— Adam Klasfeld (@KlasfeldReports) March 17, 2025
"The problem is, the equitable power of United States courts is not so limited."
If they take that attitude to the Supreme Court, they won't win.Judge Boasberg presses the DOJ lawyer on what the government could have done with a ruling they believed to be unlawful: appeal or seek to modify it.
— Adam Klasfeld (@KlasfeldReports) March 17, 2025
“Isn’t then the better course — to return the planes to the United States and figure out what to do, than say, ‘We don’t care; we'll do what we want'?
Yes, but: The Trump administration was already spoiling for a fight over the Alien Enemies Act — one of several fronts on which they believe legal challenges to the president's authority will only end up strengthening it when the Supreme Court rules in his favor.
If SCOTUS were to side with DoJ, it sure would be stepping on their own air hose.
ReplyDeleteI wouldn't be surprised if four of them voted to do it, Thomas, Alito, Goresuch and Kavanaugh.
ReplyDeleteI think there is a likely chance we get decisions where we appear to win but they are a loss. For example, the president can't impound moneys allocated by congress, but court intervention would infringe on the administration's prerogative. Therefore it's a political question and if the president won't comply, then congress can use its power of impeachment. Of course the impeachment process is totally useless, so while the president is acting unconstitutionally, he can continue to behave as he wants. I could easily see Roberts signing on to this to make a majority. There are a number of other ways to arrive at the same point. It's asymmetric of course, a conservative president can close down departments he doesn't want, but a liberal president can't start organizations to help people. If I had to bet, there is where the court will end up.
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