Dear listeners,
We have more shadow docket news on this week’s show: The Supreme Court’s conservative majority blocked an order from a federal judge in Boston that had imposed due process requirements when the Trump administration tries to deport migrants to countries other than their countries of origin. As is often the case with shadow docket orders, the judges in the majority did not explain their reasoning, leaving the lower courts without clear guidance on what to do next: was the order blocked because the class of affected detainees was too broad, or for some other reason?
As Ken and I discuss, the court’s action here is something of a departure from its action two months ago in the A.A.R.P. case, where a 7-2 majority put the brakes on removals under the Alien Enemies Act, apparently in significant part because of the administration’s bad faith in dealing with the courts. Now, the presumption of regularity appears to be back. But more about the court’s intentions may be revealed as other lawsuits by individual detainees make their way through the courts.
Also this week, we have an update on California’s litigation over federalization of the National Guard, a look at the whistleblower allegations against now-federal-judicial-nominee Emil Bove, a look at the bail decision for Kilmar Abrego Garcia (who’s likely to end up in ICE custody regardless), and a discussion of the Trump administration’s decision (and Joe Biden’s decision) not to assert executive privilege as the House Oversight Committee looks into theories about autopen use in Biden’s administration.
We hope you enjoy the episode,
Josh
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