this post was submitted on 20 Apr 2025
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Summary

First, it acted with startling speed—so quickly, in fact, that it published the order before Alito could finish writing his dissent; he was forced to note only that a “statement” would “follow.”

Relatedly, awkward phrasing in court’s order may imply that Alito—who first received the plaintiffs’ request—failed to refer it to the full court, as is custom, compelling the other justices to rip the case away from him.

Second, it is plain as day that the Supreme Court simply did not trust the Trump administration’s claims that it would not deport migrants over the weekend without due process.

Finally, and perhaps most obviously, it’s critical that only Thomas and Alito noted their dissents. When the court takes emergency action, justices don’t have to note their votes, but they usually do; we can probably assume that this order was 7–2. That would mean that Chief Justice John Roberts—along Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—joined this rebuke to the Trump administration.

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[–] Zarxrax@lemmy.world 164 points 4 days ago (2 children)

It then gave these migrants “notices,” in English only, declaring that they would be deported immediately, without stating that they could contest their deportations in court.

Suddenly the executive order that English is the official language of the United States became a lot more clear in it's purpose.

[–] MagicShel@lemmy.zip 75 points 4 days ago (1 children)

Probably, but that shit isn't even written in English. It's written in lawyer.

Have you noticed that with enough money you can't just commit a crime? Trump could pop in the Epstein video of him on every display in Times Square and the response would be "the alarming possibility that Trump engaged in potentially illegal acts."

The law has become so inscrutable that you literally can't know whether a crime has been committed until you have a jury trial. How is a soldier supposed to disobey illegal orders when he can't possibly know whether orders are legal or not?

I remember I wasn't too long out of the army when the stuff about waterboarding and abu graib came out. I would've refused orders to torture people had I been there. And I'd have probably gone to Leavenworth for years for disobeying orders.

It's time to just burn the whole system down.

[–] dhork@lemmy.world 32 points 4 days ago (1 children)

The law has become so inscrutable that you literally can't know whether a crime has been committed until you have a jury trial. How is a soldier supposed to disobey illegal orders when he can't possibly know whether orders are legal or not?

I get what you're saying, but one of our foundational principles (at least until now) was that people are presumed innocent until proven guilty in a court of law. So this notion that "we can't know if a crime has been committed until a jury says so" isn't a bug, it's a feature. Yes, it makes things complicated, but it is designed to minimize the chance that innocent people can be deprived of their liberties just because the government doesn't like them.

[–] cAUzapNEAGLb@lemmy.world 11 points 4 days ago

I'd counter part of that is that US law is based on common law, which is defined by prior court cases not just law - vs civil law which is only based on law.

There are issues with both of course, but, its common law that requires lawyers and knowledge of every court case and knowing what a judge in the 1800s thought a word means to win or lose a case.

I think the common law system of justice is deeply flawed and leads to this legalese where everything is vague and malleable with no certainty

[–] A_norny_mousse@feddit.org 36 points 4 days ago (1 children)
[–] andros_rex@lemmy.world 8 points 3 days ago

It’s kinda amazing how this was something people debated for a long time, talked about potential benefits and consequences, tossed around different reasonable ways to mitigate harm that might be done, what the point or use would be..

Then Trump just signs a piece of paper, and it’s barely even newsworthy before we move to the next thing.

[–] barneypiccolo@lemm.ee 70 points 4 days ago

The fact that they rushed their decision before Alito's dissent is amazing. They knew that Alito could take his time writing it, giving HitlerPig cover to keep deporting while this decision remained buried. Instead, they basically said Fuck You to his attempt to collude with the Nazis. It was a direct slap in the face by 7 of his colleagues.

[–] fluxion@lemmy.world 101 points 4 days ago (5 children)

Thomas and Alito still being complete Trump puppets

[–] WhatAmLemmy@lemmy.world 67 points 4 days ago (1 children)

They are criminally corrupt, and deserve to spend life in prison. The fact these whores sit atop the highest court shows how much of a banana republic kleptocracy the USA is.

[–] Quill7513@slrpnk.net 33 points 4 days ago (2 children)

hey now. there's no need to use that language here. sex work is difficult and involved, and many whores work tirelessly when they're not getting paid to organise and fight for a better future through political engagement. they're less like whores and more like vampires

[–] BossDj@lemm.ee 12 points 4 days ago

Vampires who put out for money

[–] Archer@lemmy.world 4 points 3 days ago

It’s shocking that they would associate the good name and reputation of whores with the current Supreme Court

[–] Thunderbird4@lemmy.world 43 points 4 days ago* (last edited 4 days ago) (2 children)

It is kind of surprising that all three of the trump-appointed justices went along with the opinion. They’re no heroes by any means, but I’m still relieved when they decide to do the bare minimum. Really, it just shows how depraved Thomas and Alito are.

[–] BassTurd@lemmy.world 17 points 4 days ago

My gut thought, is they both had all of their dirty laundry aired during their confirmations, and haven't been in long enough to really break too many laws. Thomas and Alito are as dirty as they come and have nothing to lose trying to protect themselves. They're at different parts of their careers, and T and A have skeletons.

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[–] TronBronson@lemmy.world 23 points 4 days ago (1 children)

It’s all Clarence knows. He couldn’t practice law if he wanted to.

[–] Tujio@lemmy.world 7 points 4 days ago (1 children)

Wasn't he a judge for barely a year before getting appointed? Then for three decades he just agreed with whatever evil shit Scalia said. He really might not know how to be a judge.

[–] TronBronson@lemmy.world 3 points 3 days ago

He was a questionable pick back then, from my memory the Dem Senate grilled him so hard for his personal life that he hit the bench with a vindetta and has never made a good judicial decision in 3 decades. I believe he was also a hand pick from the heritage foundation, so he came with a TON of baggage and has always been this way as far I can remember. I'm no court scholar I just know Clarence Thomas is an asshole.

[–] dhork@lemmy.world 7 points 4 days ago

Why not? Those ~~bribes~~ gratuities don't pay themselves, you know....

[–] A_norny_mousse@feddit.org 81 points 4 days ago* (last edited 4 days ago) (1 children)

"A majority of justices signaled that they no longer trust the administration to comply with the law"

"...the government’s unlawful efforts..."

"...the government lied to a federal judge..."

"...this president will gleefully defy judicial orders..."

It's all topsy-turvy. A.K.A. "coup". And not just any coup, a fascist coup. Who still thinks the comparison to Germany in 1933 is exaggerated? It isn't. But maybe we can still influence where it goes from there.

Also, fuck Alito and Thomas with a rusty pipe.

[–] barneypiccolo@lemm.ee 26 points 4 days ago (3 children)

Years ago, I was calling out the Bush administration for following the Nazi playbook, and was constantly berated and insulted, and slapped with "Godwin's Law," which has been sufficiently proven to be Nazi counter-propaganda designed to silence critics, while the inexorable crawl to Nazism continued.

[–] Tujio@lemmy.world 19 points 4 days ago

Hell, even Godwin came out and said "Oh yeah, these guys are totally acting like Nazis. Go ahead and compare them."

[–] A_norny_mousse@feddit.org 9 points 3 days ago

Everyboy immediately thinks of the Holocaust, that's why. The US isn't quite there - yet. All the more reason to point out the similarities to the beginnings.

[–] jjjalljs@ttrpg.network 8 points 4 days ago (1 children)

I think Godwin's law was meant for like arguing about tabs vs spaces, or other low stakes things.

But as discussed elsewhere, conservatives have abysmal literacy and analytical skills, so it's not surprising they wouldn't understand when a comparison is merited.

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[–] oyo@lemm.ee 38 points 3 days ago

This piece of shit Alito actually wrote this in his dissent, presumably with a straight face: "The papers before us, while alleging that the appli- cants were in imminent danger of removal, provided little concrete support for that allegation."

[–] dylanmorgan@slrpnk.net 60 points 4 days ago (2 children)

I’m glad some of the justices finally located their consciences, but I’m afraid this will end up being too little too late.

[–] DrFistington@lemmy.world 60 points 4 days ago (2 children)

They didn't. They just don't want to nullify their own power

[–] jacksilver@lemmy.world 35 points 4 days ago (1 children)

I mean, that's exactly why the checks and balances were set up this way. The founding fathers assumed no one branch would want to concede to another. Really it's congress fucking it all up right now.

Yeah, congress refusing to check Trump has really allowed everything to snowball. They’re abdicating a LOT of power, purely because Trump has an (R) next to his name.

[–] nkat2112@sh.itjust.works 19 points 4 days ago (1 children)

This is a good point you raise. Even so, this works in the people's favor.

[–] Atelopus-zeteki@fedia.io 8 points 4 days ago

I always look to what people actually do, not what they describe as their reasons. It doesn't matter if you do the right thing for the wrong reasons, as long as you do the right thing. We have so much disengenuousness these days, look to their actions, not their words.

[–] GoofSchmoofer@lemmy.world 24 points 4 days ago

Honestly it wouldn't be too little to late if the reps in the house and senate grew a spine and pushed back as well. But I think that they have had it too cushy for too long and don't actually know how to govern.

[–] Boddhisatva@lemmy.world 59 points 4 days ago (1 children)

A federal judge in the Southern District of Texas had already blocked their removal—but the government sought to evade this order by busing the migrants into the Northern District of Texas, where the restraining order would not apply.

Judge: You may not deport these people until this case is decided.

DoJ/ICE: *busses people out of judge's district* Fuck you, libtard.

[–] NoForwardslashS@sopuli.xyz 31 points 4 days ago (3 children)

You'd think this would escalate things rather than be an actual way to avoid repercussions. Would the same breakdown in law apply if a domestic abuse victim got a restraining order in the Southern District and then their abuser approached them in the Northern District?

[–] yoshman@lemmy.world 22 points 4 days ago* (last edited 4 days ago)

It's like your mom said you can't spend the night at a friend's house, so you don't tell her and spend the night at a different friend's house.

[–] tburkhol@lemmy.world 12 points 4 days ago

It's pretty much the same strategy Trump used to avoid serious penalties from his New York cases: just move to Florida.

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[–] PunkRockSportsFan@fanaticus.social 34 points 4 days ago (3 children)

When do we drag em from they’re billionaire-paid-for homes and show them democracy

[–] HorikBrun@kbin.earth 15 points 4 days ago (2 children)

But...French-style, right?

[–] pennomi@lemmy.world 17 points 4 days ago

France might be the most democratic place on Earth right now. When the government does something unpopular, buckle the fuck up.

[–] BassTurd@lemmy.world 10 points 4 days ago (2 children)

Let's say "French inspired". I'm sure we're creative enough to come up with something fun and unique. I'd argue using guns is the defacto American style, albeit not as much flare as a public guillotining.

[–] AngryCommieKender@lemmy.world 6 points 4 days ago* (last edited 4 days ago) (5 children)

Lynching is pretty standard fare for mob justice in the US. It even happened to white people.

"The Tuskegee Institute has recorded the lynchings of 3,446 Blacks and the lynchings of 1,297 Whites, all of which occurred between 1882 and 1968, with the peak occurring in the 1890s"

https://en.m.wikipedia.org/wiki/Lynching_in_the_United_States#Other_ethnicities

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[–] whodrankarnoldpalmer@startrek.website 9 points 4 days ago (1 children)

Literally what the rest of the world has been waiting for you to do for nearly a decade. We’re not holding our breath.

[–] thedruid@lemmy.world 23 points 4 days ago (8 children)

Y'know. We are trying. Millions of us. I don't think I have ever blamed an entire people for the actions of one of their criminals.

Sounds like something trump would do.

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[–] banzhaff@feddit.uk 26 points 4 days ago

They absolutely would have defied the lower court's order and just flown them to El Salvador. Then, when confronted, they could claim some sort of misunderstanding/incompetency. The worst that could be done to them would be to force them to ask El Salvador to return the migrants, to which the government of El Salvador just says "no."

It's better to seek forgiveness than ask for permission.

I’ll believe that this was effective when it’s actually confirmed that orangeboi and DoJ + ICE did not in fact, ignore the order. My assumption at this point is that they will do it anyways.

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