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Will the Supreme Court stop Donald Trump?

Will the Supreme Court stop Donald Trump?

 


The Trump administration argues that the Supreme Court did not mean what nine judges ruled unanimously in the case of Kilmar Abrego Garcia, the Salvadoinan man was illegally sent to a Salvadoral prison due to what the administration supports was an administrative error. On Thursday, the court ordered the government to facilitate the release of Abrego Garcias de la Garde in Salvador. The government, in an insolent file on Sunday evening, rewritten this instruction. Facilitating only means taking all the measures available to eliminate all the domestic obstacles that were otherwise to hinder the ability of foreigners to come back here, he argued. Indeed, no other facilitating reading is the constitution of the Constitution.

Forget any effort to repair the administrations admitted to the error by requesting a release from Abrego Garcias from the Salvadoral authorities which, according to reports, are paid for itself and other people shipped by the United States. This, according to the government, refrains from the only power of the presidents to lead foreign relations. So, the responsibility of governments here is, what, perhaps to deliver Abrego Garcia a world entry card to cut the immigration line if it is somehow presents itself in an American airport? This provocative position cannot bear if the rule of law is to survive.

The court asked in his order to ensure what he called the respect due to the deference due to the executive power in the conduct of foreign affairs. By asking the government to facilitate the release of Abrego Garcias, the court wondered if a lower court had gone too far by telling the administration to make its return, and not only to facilitate it. However, the court added, for its part, the government should be ready to share what it can concern the measures it has taken and the prospect of new measures. During ordinary times, this accommodation would reflect appropriate respect for the constitutional separation of powers. By dealing with this administration, with its maximalist conception of executive authority and its contemptuous attitude towards the judiciary, the judges are played for fools.

In the interaction between the courts and the executive power, the judges apply what is called the presumption of regularity. The courts generally take place on the assumption that civil servants acted properly. The presumption of regularity supports the official acts of public officers and, in the absence of clear evidence, on the contrary, the courts presume that they correctly fulfilled their official functions, tried the court in a case in 1926.

But the presumption of regularity is not an imperative of ignorance or a rule requiring that the judges be of ostriches. The Trump administration has, on several occasions and obviously, wasted its right to presumption. He rejected the lower terrain judges as annoying basements whose orders can be ignored. Now, with his growing distrust in the case of Abrego Garcia, he treats the instructions of the judges themselves with a similar lack of respect. The country is about to see if the judicial power will ensure that it undergoes consequences.

The courts must face the Abrego Garcia disorder for the simple reason that the government has messed here, in the words of J. Harvie Wilkinson III of the American Court of Appeal for the fourth circuit, one of the most respected conservative jurists of the nation. The Trump administration describes Abrego Garcia, a father of three twenty-nine-year-olds, as a classification member of the Mortel MS-13 and foreign terrorist, whose return would be a threat to the public. The Federal District-COUR judge hearing his case, Paula Xinis, said that proof of his membership in a gang understood nothing more than his hat from Chicago Bulls and his hooded sweatshirt, and a vague and not corroborated allegation of a confidential informant claiming that he belonged to MS-13S Western click in New Yorka placed. The Federal Court of Appeal concluded that Greo Garcia had no criminal history, in this country or elsewhere, and that Garcia Garcia is a remunerated family man who lives a life respectful of the law and productive, as a leaf apprentices in Beltsville, Maryland.

It doesn't matter who is right, because even the Trump administration agrees that Greo Garcia should never have been returned to El Salvadorwhere, an immigration judge had discovered, he faced threats from another gang, Barrio 18, who extorted money from his family pupuseria. The administration maintains rather that his hands are linked; Nothing can be done now that Garcia is held by the Salvadoral authorities.

On Friday, during a hearing, the day after the Supreme Court's decision, Xinis could not extract basic information from the government's lawyer, including on Abrego Garcias where is located. (The lawyer who had initially appeared before her and recognized the error of governments, was suspended for having omitted to follow the instructions, as well as his supervisor.) Xinis noted that the government had not respected his order and asked him to submit daily reports on the place where Abrego Garcia was and what the government was doing to recover it. On Saturday, she received this reluctant update: Abrego Garcia is currently taking place at the Terrorism Confinement Center in El Salvador. He is alive and safe in this installation. He is detained in accordance with the sovereign and interior authority of Salvador. Nothing that was done to obtain his release.

President Trump followed with a social article from truth on Saturday evening. Trump, who was to meet President Salvadoran, Nayib Bukele, wrote on Monday, President Bukele graciously accepted in police custody some of the most violent foreign enemies in the world and, in particular, the United States. These barbarians are now under the sole guard of El Salvador, a proud and sovereign nation, and their future belongs to President B and its government. So much for this high court order.

Sunday has worsened things again. An Affidavit of Evan Katz, deputy director of US immigration and Customs, said that the government had no update and that, in any event, said Katz, that Garcia, would no longer be protected from kidnapping even if he was in the United States because Trump had declared that MS-13 was a foreign terrorist organization. This argument ignores the reality that many federal judges have now wondered if there was in fact proven that Garcia was a member of something which, in a world of a regular procedure, he could have said that he had not been torn off the street and jostled on a plane.

Bukele in the oval office on Monday, where the prosecutor General Pam Bondi destroyed the detention of the Supreme Court, saying that the judges had said that if El Salvador wanted to return it, we would facilitate it, which means providing an airplane. In his account and that of the deputy chief of staff of the White House, Stephen Miller, there was no recognition of an error by the government which has the thermal that the proper general solicitor informed the Supreme Court that the withdrawal of Abrego Garcias was a mistake. Unsurprisingly, Bukele did not indicate such a desire: how can I return it to the United States. The Trump administration acts as if he had no obligation to ask Bukele the return of Abrego Garcias, while Bukele claims that he could not suggest. This is a practical impasse, which satisfies everything except the interests of justice.

The conduct of governments in the case of Abrego Garcias is bad enough. It is worse because it is part of a scheme of obstructionism at the height. Consider the case contesting the use of the administrations of the Act respecting extraterrestrial enemies to be sent, also to Salvador, hundreds of Venezuelan men who, according to him, were members of the Venezuelan gang Tren of Aragua. Trump secretly signed an executive decree invoking the law of 1798, then put the alleged members of the gangs on planes for El Salvador before being able to protest against their withdrawal. When the lawyers asked for an emergency intervention before the American district judge James Boasberg, a government lawyer did not proclaim any knowledge of the flights that took off when he compared in court. When Boasberg asked the lawyer that all flights in the air are turned, it is something that you should make sure that the government has ignored it. (Oopsia … Too late, Bukele posted on X the next morning.) And when Boasberg later sought to obtain information on theft and the challenge of his order, the government insisted cheerfully that he was not bound by his verbal order, only a following sequences, then went so far as to invoke the privilege of state secrets. Boasberg is now planning to keep the administration of the court.

Even when this administration obeys an order from the court, it reluctantly, with contempt. PREEZ HOW Bondi complied with a prescription, to the American district judge John Bates, that she informs the federal agencies of her suspension of Trump's prescription against the law firm Jenner & Block. Bondi wrote about Bates, who was appointed to the bench by President George W. Bush, on March 28, 2025, an unleashed district court once again invaded the political prerogatives and the freedom of expression of the executive branch, including by demanding the Attorney General and the Director of the CMA to write a letter to the head of each department and executive agency. The judges of the local district do not have this authority, and the Supreme Court should quickly force these judges, going beyond the judiciary. If this insubordination was not clear enough, Bondi added visibly, of course, as indicated in the court order, agencies are authorized to continue their normal activity course which involves with it the power to decide with who to work.

We have already been here, during the first Trump presidency, when the administration, at least sometimes, harvested the courts the distrust he had sown. In 2019, chief judge John Roberts, joining the liberal judges to form a majority of five people, rejected the Falhic administrations to add a question on citizenship to the census. The administrations said that the question was necessary to help the administration apply that the voting rights bring to their artificial, wrote a apparently exasperated Roberts. Our examination is deferential, he added, but we are not required to show a naïvette from which ordinary citizens are free. No ordinary citizens, and certainly not a federal judge, can afford a turnip in the face of this administration a behavior without law. He won the presumption of irregularity.

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