The NPCs will have their marching orders by now. Yesterday it was “Trump is ignoring a 9-0 Supreme Court ruling that he return Garcia”, today it will be “Trump held in contempt of court.”
Since I’m writing this yesterday, we’ll see how good I am at predicting the NPCs.
We need to start on March 15, 2025. The Trump signed an EO designating TDA and MS-13 as terrorist organizations and ordered their removal under the Alien Enemies Act. Five TDA members filed a petition for writ of habeas corpus.
If the writ is granted by the court, the named plaintiffs must be presented to the court, in person, in corpus (body)
That same day, the court granted a TRO forbidding the removal of the named TDA members. The court claims that the plaintiffs (bad guys) have satisfied the four factors governing the issuance of preliminary relief.
The court didn’t bother to show what those arguments are, nor did the court bother to write an opinion to accompany the order. It is reasonable for the TRO to be granted, the order entered, and then later an opinion entered into the record.
The government immediately filed an appeal to the D.C. Circuit.
Later that same day, the 15th, the court decided to extend the TRO to all noncitizens of the in U.S. custody who are subject to removal via the AEA.
The government then appealed the class certification, extending the TRO to all terrorists in U.S. custody.
Lots of back and forth took place, then on the 28th, the court extended the TRO until April 12th. Thus putting a one-month delay on deporting terrorists.
The same day, the government filed an application with the Supreme Court to vacate the orders of the inferior district court.
The first thing to note is that what the district court was a TRO the Supreme Court construed as appealable injunctions. The D.C. Circuit Court has taken all TROs at face value. I.e., not appealable.
The Supreme Court then vacated the TROs on the 7th of April.
As is normal in such situations, the Supreme Court ruled on the narrow question of venue. And that venue is NOT the district court of D.C.
Conclusion
I’m tired of reading this rogue inferior court judge yap. So I’ll wrap it up for y’ll.
The plaintiffs and the court were attempting to stop the Article II executive branch from performing its Constitutional duties and responsibilities.
The court issued a TRO even though the court did not have the jurisdiction to do so nor had they properly analyzed the Winter Factors as applied to this case.
The problem for the government is that judicial orders, in general, must be obeyed. Even if the court issued them erroneously and without proper authority to do so.
The administration learned their lesson. They are no immediately filing appeals when there are tight deadlines. Even an administrative stay gets them out of the contempt trap.
In this case, there was no deadline. The deadline was “now”. Since the government didn’t do what the court told them to do, they can be held in contempt.
Even though the Supreme Court later vacated the self-styled TRO.
This is just lawfare in a different way.
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