SCOTUS: “Please, sir, can we have some more shit shoved down the throats of the Rule of Law?”
Joyce Vance in her Substack essay/analysis today, suggests that today’s ruling by SCOTUS to the purported effect that the Govt must alleviate the situation regarding the poor man deported illegally to El Salvador is a win for the rule of law. ABSURD. Not only did Supreme Court get it wrong, Professor, it removed another layer of protection from our Due Process rights by failing vigorously and forcefully to rectify the situation that the Govt brought about through illegal and IMMORAL action. The Court basically suggested that the District Court might want to hold a hearing, but did little else to push the Govt to cure its ADMITTED ERROR. Imagine — JUST FREAKING IMAGINE — if the Court in Brown v Board of Ed had said to the KKKansas Board of Ed, which had refused to desegregate the State’s public schools, “please do your best to desegregate, or hold a hearing or something, or I dunno maybe a water fountain without the word ‘colored’ on it, or something…maybe a cake or brownies,” instead of ordering it to desegregate “with all deliberate speed.” WITH ALL DELIBERATE SPEED — i.e., cut the crap you racist mutherfuckers and do it NOW.
The Court here could have said, “the Govt has admitted it has afforded the incarcerated man no due process, and admitted that his deportation was a clerical or admin error, but says it can do nothing to rectify the error. We say it can and it must, and it must do so ‘with all deliberate speed.’” Instead, it waffled and hemmed and said, “oh, well, these things happen. Have a nice weekend Mr Trump, and please try not to destroy to much of what little is left of our democracy.” The remanded to the court below and said to that court, “oh, by the way, you need to clarify what you meant by ‘effectuate’ a cure,” which will almost certainly mean the Govt will ask for such clarification and then go back to SCOTUS if they don’t like the Dist Ct’s clarification, and the Man in the Low Castle will continue to be the play thing for the gentle ministrations of the Salvadoran gangs and govt he fled orignally. And be warned: if they can to it to this poor man who had no criminal record, and exhibited NO TIES to El Salvadoran gangs, and who is married to an American citizen, and who has a child born in America, they can to it to ANYONE. And, once again, Professor Vance, if you’re out there, with all due respect, this is Hitler exercising dictatorial powers while the Court — the FRIGGING SUPREME COURT OF THE FRIGGING UNITED STATES OF AMERICA — does virtually nothing. You and Lawrence O’Donnell and others see this as a victory of sorts for the rule of law? Nonsense: this is another incremental diminution of legal responsibility and the enhancement of the Executive powers for the benefit of King Donald the Insane.
Mark my words, if this continues there will be no mid term elections.