The Six from SCOTUS Set Aside Judicial Review for ICE Detainees, For Now
June 23, 2025 7:58 PM   Subscribe

The SCOTUS decision just handed down has put a hold on the decision by Federal judge Brian Murphy which had stopped the deportation of individuals to third party nation without receiving the opportunity for a hearing first. Justice Sotomayor called the unsigned decision of the majority a, "gross abuse".
posted by Ignorantsavage (45 comments total) 20 users marked this as a favorite
 
"The Supreme Court on Monday granted the trump administration’s request and put Murphy’s order on hold while the government’s appeal moves forward. As is often the case with orders on the court’s emergency appeals docket, the court did not provide any reasoning for its ruling, nor did the justices who signed on to the ruling publicly identify themselves"
posted by BungaDunga at 8:00 PM on June 23 [3 favorites]


I did not want to throw my personal view in the post proper but it suffice to say that I hope these six find their nights filled with the torments of the endless Hells they have inflicted on others by obviating one of the core principles of the US Constitution.
posted by Ignorantsavage at 8:00 PM on June 23 [31 favorites]


not only lawless, but cowardly
posted by BungaDunga at 8:02 PM on June 23 [27 favorites]


Reading the majority decision, Justice Kavanaugh was quoted as saying:"BOOYAH!!! IN YOUR FACE LIBTARDS!!!"
posted by evilDoug at 8:39 PM on June 23 [11 favorites]


The trump admin burned their bridge for sending people to El Salvadore, and last I heard both governments of Libya said no, BUT they can still send "criminals" to SOUTH SUDAN with no hearing. Truly an evil ruling.
posted by subdee at 8:40 PM on June 23 [15 favorites]


the Supreme Court is not hiding its fascism any longer. The conservatives are just rubber-stamping trump. They have disgraced themselves, and the Court.
posted by Vegiemon at 8:44 PM on June 23 [15 favorites]


the grim thing is that it's barely even a ruling. it's a summary reversal without even taking the time to explain why, or put their names to it. cowards. I'd almost respect a maniacally cackling Alito opinion but they can't even be bothered.
posted by BungaDunga at 8:50 PM on June 23 [31 favorites]


I am going to need the news media to take a break from covering the war in Iran to discuss this ruling, the ICE agents in masks with no badge numbers or warrants, the 168 billion in the budget bill for more ICE agents (about 20,000 more) and detention beds (about 50,000 more), and the fact that a judge just ruled that Kilmar Abrego Garcia doesn't pose a threat or flight risk so he can go home (but feds won't let him). Really connect the dots here. These aren't deportations these are kidnappings. It's not okay to send even criminals to SOUTH SUDAN, but it's especially not okay when the administration can make anyone it wants into a criminal by continuing to weaponize our justice system.

(How do I know the charges against Kilmar Abrego Garcia are bullshit? I don't, but this ruling and the fact that the Tennessee DA RESIGNED rather than prosecute this case strongly suggests that they are.)
posted by subdee at 9:31 PM on June 23 [34 favorites]


We doing real fascism now
posted by Going To Maine at 10:12 PM on June 23 [11 favorites]




These aren't deportations these are kidnappings.

We conclude with a reading from the Book of Wilhoit:
Conservatism consists of exactly one proposition, to wit:

There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect.

There is nothing more or else to it, and there never has been, in any place or time.

For millennia, conservatism had no name, because no other model of polity had ever been proposed. “The king can do no wrong.” In practice, this immunity was always extended to the king’s friends, however fungible a group they might have been. Today, we still have the king’s friends even where there is no king (dictator, etc.). Another way to look at this is that the king is a faction, rather than an individual.

As the core proposition of conservatism is indefensible if stated baldly, it has always been surrounded by an elaborate backwash of pseudophilosophy, amounting over time to millions of pages. All such is axiomatically dishonest and undeserving of serious scrutiny. Today, the accelerating de-education of humanity has reached a point where the market for pseudophilosophy is vanishing; it is, as The Kids Say These Days, tl;dr. All that is left is the core proposition itself — backed up, no longer by misdirection and sophistry, but by violence.
Here endeth the lesson.
posted by flabdablet at 10:23 PM on June 23 [45 favorites]


The "rule of law" has truly become the "rule of how obeisant The Supreme Court is feeling today."
posted by lock robster at 10:34 PM on June 23 [3 favorites]


for one last last trick, I would simultaneously turn every flying American flag upside down simultaneously and call that the end of magic.
posted by clavdivs at 10:37 PM on June 23 [6 favorites]


How do I know the charges against Kilmar Abrego Garcia are bullshit? I don't, but this ruling and the fact that the Tennessee DA RESIGNED rather than prosecute this case strongly suggests that they are.

also the magistrate judge assigned to his case ordered him released on bail and "noted that under federal criminal law, the Justice Department hadn’t even shown it had enough evidence to hold a hearing seeking his pretrial detention." This was rendered moot by the expediency of putting him straight back in ICE detention but it does suggest it might not be an entirely airtight case

(also the whole bit where they accused him of murder in vague terms without actually charging him with anything related to any such thing)
posted by BungaDunga at 11:05 PM on June 23 [14 favorites]


Anybody surprised at this has not been paying attention.

The most important distinguishing characteristic of tyranny is that there is no bottom to the cesspit of its degeneracy and depravity. It will just keep wilfully and gleefully diving further and further into the madness and violence until stopped, either by external forces or its own self-destruction.

Once it takes hold, and it has now in the USA, it does not and cannot end any other way.

It is why it is so dangerous and destructive.
posted by Pouteria at 11:07 PM on June 23 [11 favorites]


What government are we even dealing with in Sudan? Everything seems very fractional and paramilitary. Maybe I don't understand something, but deporting anyone there seems super messed-up.

They'll want to just "deport" them out of a helicopter next.

I'm joking there, I hope. Although they seem really obsessed with that. Like "free helicopter rides" being a pepe meme. I remember before the election some right-wing book writer talked about how funny it was to throw people out of helicopters. It worries me that I can't find mention of it anymore.
posted by netowl at 11:14 PM on June 23 [2 favorites]


Correct me if I'm wrong, but sending a person to a country they didn't originate from isn't "deportation." I don't know what you'd call it. Exile?
posted by zardoz at 11:26 PM on June 23 [18 favorites]


They'll want to just "deport" them out of a helicopter next

To be fair, combining at-scale murder with at-scale littering is quintessentially American.
posted by flabdablet at 11:27 PM on June 23 [10 favorites]


zardoz: "Correct me if I'm wrong, but sending a person to a country they didn't originate from isn't "deportation." I don't know what you'd call it. Exile?"

"Human trafficking" is the general term.
posted by adrienneleigh at 11:29 PM on June 23 [31 favorites]


My hope is that the Supreme Courts and other courts are letting trump have his way For Now(TM) not because they're his dutiful little puppets, but because the deem it to be too dangerous to oppose him yet, and are waiting for him to screw up even more and lose more and more of his following in the process.
posted by BiggerJ at 12:32 AM on June 24 [1 favorite]


I don't think that's quite a derail. but you have to ask yourself the main capitalistic question is this economically feasible for the end task at hand and I would think not using a helicopter. what it does is it draws an allusion to vietnam, South and Central america, probably everywhere else. An allusion usually denotes a connotation.
of course I know you're joking this is exactly what we need right now is all the joking but how's that working out.
the one social factor I see is that disquieting quiet about money, resources, stock market, the future let me say that again the future.
that's the quiet you want to watch and listen too.
In parallel, protests everywhere are increasing. sothe lies keep changing and get bended and broken and twisted and put into a reframed work under the guise of the Constitutional right to free examination the Constitution itself. for the division of our government, one third of it is supposed to be the judicial system which comes down to almost the supreme Court as some sort of final decision on the legality of law, federal, state, and local.
how's that working out.

That quiet disquiet,
it's like the executive branch cattle prodding the American people and reaching into the worlds pocket while telling them what to do with their own military. how long will that last under the quiet disquiet that becomes louder.
I think trump realizes that the United States could no longer control every country's processes when it fits its own interest. perhaps it never could without guile, deception or War or a common agreement, usually money takes place.
I would like to think a few aren't being stunned any longer and watching other people getting stunned.

in the trade it's called diffused social myopia. the simplistic solution would just let the noise becomes so loud that the signals become part of the noise then severely monetize it. I think that's rather simple don't you.
on the other hand, perhap the political shifts that have occurred in the last 4 to 6 years are so rapid that history can barely keep up I don't think it wants to anymore but I think that's a lie.
Polity of our own nation is so fractured that it becomes almost an essential part of the individual to consider states rights and how that affects the rest of the general welfare to what they call a constitutional republic with sprinkles.
as a child, having visited the main structures of each of the three branches of our government winding up with a night time visit to the Lincoln memorial which it seem like I had all of myself for 7.3 minutes,
while it's architecture slightly changed, the aesthetics behind it have not but we know this is a lie.
it is within the social context, the administrations rapid decline into fiscal conservatism under the guise of peace which is really just a placard for selling more weapons, to wonder if the United States is going to sit this one out all the while watching it, abating it.
I think this is the stun gun.
Revolution new model is not live Free or die but get tougher or die, the social equivalent of the dream that trump is putting us all through boot camp and reinstalling the .50 over our head with live ammunition. manufactured chaos is its own reward even if it upsets the most powerful, if only 'they" adapt and obey toss in the ad hoc uniform of "American Way".
perhaps we all know that truth will soon become a lie.
various Nations have seen the United States recently betray and reinforce conflicts with weapons of war, lots of money. perhaps the old conservative adage that America does not seek friends but allies first has also been thrown through the window by eliminating the friend's part and demanding the latter culminating into a paradigm where the rest of the world might not care what a declining America may think or even do, the response is still going to be mixed. for example, The trump one second doctrine of decision making can be calculated by its velocity from the starting point of the vase leaving the extended appendage to the end focal point of smash.

how's that working out.
posted by clavdivs at 12:36 AM on June 24 [5 favorites]


Or perhaps US media will continue the sterling work they've long been engaged in at undermining politics as a subject that's acceptable or even safe to discuss in public.

Quiet disquiet was quiet again today, film at 11.
posted by flabdablet at 1:48 AM on June 24 [5 favorites]


I hope these six find their nights filled with the torments of the endless Hells they have inflicted on others by obviating one of the core principles of the US Constitution.
I think you'll find one can sleep one can sleep quite soundly in the luxurious king-sized bed of a multimillion dollar RV one did not actually pay for oneself.
posted by gelfin at 5:06 AM on June 24 [4 favorites]


My hope is that the Supreme Courts and other courts are letting trump have his way For Now(TM) not because they're his dutiful little puppets, but because the deem it to be too dangerous to oppose him yet, and are waiting for him to screw up even more and lose more and more of his following in the process.

Ah yes, the Columbia Stratagem. Give him what he wants now and let him consolidate his power so that when the time finally comes to resist he'll be even stronger and more dangerous.
posted by RonButNotStupid at 5:27 AM on June 24 [20 favorites]


Ah yes, the Columbia Stratagem.

No, no. I think they’re referring to the Schumer Doctrine.
posted by Big Al 8000 at 5:42 AM on June 24 [13 favorites]


BiggerJ: "ut because the deem it to be too dangerous to oppose him yet"

if that's the case we're already done.
posted by 922257033c4a0f3cecdbd819a46d626999d1af4a at 6:36 AM on June 24 [4 favorites]


Then they came for the undocumented immigrants, but I did not speak out because our focus group said illegal immigration plays well with conservative suburban voters who we need to include in our coalition.
posted by RonButNotStupid at 6:41 AM on June 24 [28 favorites]


Who ever thought a branch of government would look at their own role and just decide, "nah, we're not necessary".

What judges or lawyers want to diminish the power they have to enforce the law? Well, other than the six idiots on the Supreme Court, who apparently forgot what lawyers and judges are supposed to do.
posted by AzraelBrown at 6:44 AM on June 24 [5 favorites]


Ron, I prefer your version to "they came for the criminals hiding among my working taxpaying (but undocumented) neighbours, and instead took my neighbours, but I did not speak out..."
posted by k3ninho at 6:46 AM on June 24 [1 favorite]


If we had a functioning legislative branch they would have outlawed the shadow docket 5 years ago.
posted by rhymedirective at 7:58 AM on June 24 [7 favorites]


My hope is that the Supreme Courts and other courts are letting trump have his way For Now(TM) not because they're his dutiful little puppets, but because the deem it to be too dangerous to oppose him yet, and are waiting for him to screw up even more and lose more and more of his following in the process.

This is a cope. They're in it until LGBTQ+ rights get dismantled.

(Maybe women's rights too.).
posted by subdee at 7:59 AM on June 24 [11 favorites]


rhymedirective: "If we had a functioning legislative branch they would have outlawed the shadow docket 5 years ago."

Congress can't make rules for SCOTUS.
posted by 922257033c4a0f3cecdbd819a46d626999d1af4a at 8:20 AM on June 24


so. We have a full-on fascist running the country, a congress that is just as useless as a box of hair, and a court system that is so bought and paid for that it isn't even trying to pretend it has a job any more.

I need someone who is better at history than me to tell me: At what point do we get to say "yah, nope. We're done with this. This is a lawless place. There is nothing we could do that would make things better for people and also be legal. It is time for some extralegal action." How has this happened in the past? Because I just don't see how we make anything better, following the system that has been set up for us. We need a new system.
posted by nushustu at 8:52 AM on June 24 [6 favorites]


Congress can't make rules for SCOTUS.

They absolutely can. And have in the past, many times!
posted by rhymedirective at 8:59 AM on June 24 [5 favorites]


That was then.
This is now.
posted by 922257033c4a0f3cecdbd819a46d626999d1af4a at 9:15 AM on June 24


That was then.
This is now.


....okay? The Constitution is still in effect, despite the current regime.
posted by rhymedirective at 9:21 AM on June 24 [1 favorite]


The shadow docket probably has to exist for practical reasons, but unsigned and un-explained decisions don't. "Courts aren't bound to follow decisions that aren't signed" is a straightforward rule that doesn't actually regulate SCOTUS, it regulates the lower courts. If SCOTUS wants to issue nullities they would still be allowed to.
posted by BungaDunga at 9:28 AM on June 24 [1 favorite]


The Constitution is still in effect, despite the current regime.

This is your constitution not mine but doesn't the due process that this FPP demonstrates is newly more limited in its applicability stem from your constitution?
posted by biffa at 10:01 AM on June 24


rhymedirective: "That was then.
This is now.


....okay? The Constitution is still in effect, despite the current regime.
"

I suppose.
posted by 922257033c4a0f3cecdbd819a46d626999d1af4a at 10:26 AM on June 24


Not using the shadow docket for important decisions is another one of those pesky norms that isn't actually written into law.

Congress should try to fix bad laws but ultimately there will always be bad laws and you need the people in charge to have a collective sense of responsibly and a positive vision for the future. Which these people don't.
posted by subdee at 10:27 AM on June 24 [3 favorites]


Who ever thought a branch of government would look at their own role and just decide, "nah, we're not necessary".

There's an idea called the Iron Law of Institutions which basically posits that people care more about their own power within an institution than the power of the institution itself. In this case I think it's working in two ways:

1. Congresspeople care more about their standing within Congress than the power of Congress itself

2. Democratic congresspeople care more about their standing in the Democratic party than they do about the Democratic party's power

So you end up in a situation where everyone is fighting each other as individuals within these structures without regard for the actual institutions.
posted by an octopus IRL at 10:51 AM on June 24 [13 favorites]


This is your constitution not mine but doesn't the due process that this FPP demonstrates is newly more limited in its applicability stem from your constitution?

So here's the thing--Congress has ultimate authority over law in the United States. Just because 9 unelected wizards think something violates the Constitution, does not mean that Congress couldn't pass a law tomorrow nullifying this ruling.
posted by rhymedirective at 11:32 AM on June 24 [3 favorites]


Democratic congresspeople care more about their standing in the Democratic party than they do about the Democratic party's power

And I imagine this especially holds true if you're so far up your own ass that you believe being in and out of the majority is just the natural ebb and flow of a two party system. Why bother to do anything or take any risks if it's just a matter of time before you'll have the chair or the speaker's gavel? Why bother to fight Republicans when it's much more rewarding to fight for seniority?
posted by RonButNotStupid at 11:51 AM on June 24 [2 favorites]


Just because 9 unelected wizards think something violates the Constitution, does not mean that Congress couldn't pass a law tomorrow nullifying this ruling.

Haven't they already passed laws setting out due process? Since this seems like a change in how due process applies is it the constitution or Congress which is being ignored/circumvented? And what does it mean to pass a law which can be ignored with the backing of the supreme court?
posted by biffa at 12:17 PM on June 24 [1 favorite]


I think there's another, more obvious explanation, at least for the Republicans and MAGA types:

They want this.

it really is pretty simple sometimes.

They want to make abortion illegal, so they're happy with however it gets made illegal.

They want mass deportations (except for "the good ones") so however they get mass deportations is fine.

They hate LGBT people, so however trans people are hurt is fine. However gay people are hurt is fine.

There's no need to speculate about Roberts balancing his own power vs whatever. Does Roberts want trans kids to suffer? Yes. Therefore Roberts will make this kind of ruling whether it makes sense, whether it empowers trump, whatever.

The Republicans in Congress are mostly incredibly pleased with trump as a monarch, it's allowing them to take a chainsaw to the government like they've drempt of for decades and they've finally figured out a way around those pesky Democrats that doesn't involve messing with the Sacred Filibuster: just let an out of control Executive do anything and everything. Win!

They hate foreigners, so they want to fuck up foreigners and trump fucks up foreigners.

They hate treaties and pacts and obligations, so when trump shits on NATO they're happy. They couldn't get the votes to leave NATO, but they can damn sure just sit back and let trump do it.

Laziness plus getting what they want.

I mean, if all I had to do was sit back and relax while all my social/political ambitions were just being realized, I'd be pretty happy too!

Sure, sure there's that concern about becoming useless, but that's future John's problem. And anyway, things wont' change so fast they get booted from their cushy jobs before they die a natural death so who cares?

and anyway, that's all just panic mongering from leftists suffering fromTDS. trump is fine, this is fine, nothing is being broken that shouldn't be, and of course the country will keep on being America with elections and stuff. Just, you know, better in every way. Only liberals worry about this stuff, chill dude.


As far as the iron law of organizations goes, it's still holding perfectly true. You just have to remember that the Republicans never cared about democracy or the USA. The organization, in the sense of movement conservatism, their rich friends, etc is doing great! There's no threat to that.

On the Democratic side?

I have no clue.
posted by sotonohito at 12:40 PM on June 24 [9 favorites]


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