Mark Joseph Stern Hits The Na…

 …on the head.

Obviously, a huge victory for the migrants here and a major defeat for Trump’s lawless effort to rush out a rendition flight before the courts could act.

But also—potentially a massive signal from the Supreme Court that it is finally prepared to go toe to toe with Trump to halt AEA deportations.

Not just there:

I think the majority that lifted Boasberg’s restraining order truly believed Trump would heed its warning about due process and pause further AEA renditions until SCOTUS ruled on their legality.

Instead Trump tried to sneak out migrants before courts could act. And now I think SCOTUS is pissed.

That is a key point. The J.G.G. opinion is part of this. But I have to wonder how much the application laid out about the machinations of the government in trying to avoid the Court’s order. The attempt to get around the Court’s order went so far as to employ a Stephen Miller-Raquel interpretation of that order (only notice if removal was required, not notice of opportunity to challenge.) I’m certain that is not a small part of their rush to stay the flights; but how big a part was it?

It is SO unusual for the Supreme Court to issue an order this late at night and honestly incredible only Thomas and Alito noted their dissents.

Also fascinating that SCOTUS rushed out the order before Alito could finish writing his dissent. That basically never happens! Again—majority seems pissed.

The key takeaway. Nobody’s responding, or even noticing, Alito’s dissent (when it comes). He could just copy and paste Stephen Miller quotes, it wouldn’t matter.They don’t care what Alito has to say; not now. The majority is not taking this shit, and they are through playing nice. Trump is on notice.

I know he’s supposed to be “defiant.” But he doesn’t have the balls for this fight.

Something else comes up:

Thanks for this! Is it significant that the order begins, "There is before the Court an application," rather than, "The application presented to Justice Alito and by him referred to the Court"? Was the usual procedure bypassed?

Again, can’t be sure what it means, but:

Yes, that very awkward wording suggests that Alito failed to refer the application to the full Court and the Chief stepped in and brought it "before the Court" before the planes could depart.