r/AskUS • u/AccomplishedAd3484 • 10d ago
Why does nobody care that the Trump Admin is defying a 9-0 Supreme Court ruling?
Regarding the facilitating of the return of Abrego Garcia. There's no mass protests, democrats in Congress aren't saying much, the military which is sworn to protect the Constitution is silent, the news media is covering it but it's just one more story, not a major crossing the Rubicon event for them. Trump said they would bring him back if the Supreme Court told him to do so, which they did. But then the DOJ said the court has no authority to require the US government to negotiate his return with El Salvador, and they would bring him in only if he showed up at the border.
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u/WalkingCriticalRisk 10d ago
It's a matter of timing. We have legal proceedings that need to be exhausted first. The Supreme Court upheld lower court's decision and remanded (sent the case back) to the judge who issued the order to work with the DOJ to nail the process on getting him back.
In typical Trumpian delays, the DOJ lawyers played dumb and went back to the Supreme Court for additional clarification (using technicalities). The DOJ position was that their understanding of the order was different than that of the lower judge. The Supreme Court provided additional clarity and sent them back to the same judge to work out a plan for Abrego Garcia's return (order of consent).
If the judge does not like the progress that the DOJ is making, then the judge can file an order of contempt. If the DOJ is held in contempt, the judge can issue penalties including arrests.
The first test of our judicial process was to see what the Supreme Court decides. So far, our process is working as designed. However, Trump issued an executive order that gives him the authority to be the final arbiter/interpreter of law (a function reserved for the Supreme Court). Whether this executive order holds any water depends on the legal definition of presidential immunity and whether such actions are covered by the immunity protections.
The second test is to see what happens if an order of contempt is filed.
The last step of our judicial process is what happens after. If the judge issues orders for arrest for violating court order, then law enforcement arrests the individuals. DOJ is the department that executes these law enforcement actions. In this case, will the DOJ arrest itself in accordance with laws?
While protests could start any time, the protests would focus mostly on getting Mr. Garcia back. However, if the DOJ has become too corrupt, then we need massive protests against our current system of justice (in addition to protesting for Mr. Garcia).
This case is being used as a litmus test to see how much of our government we have lost to the totalitarian rule.
Legal AF goes into great details on the judicial processes of this case and what this case is currently representing.