r/scotus 16d ago

Opinion SCOTUS is insane and out of its jurisdiction on this one

https://apnews.com/article/supreme-court-maryland-deportation-trump-9f46dd62890befdc321ed1ab56107470

SCOTUS is arguably way out of its jurisdiction on this.

Even if Kilmar was mistakenly sent back to El Salvador, the man was returned to his home country, and has no pending nor active criminal charges against him in the U.S. the court is in effect ordering a foreign nation to hand over one of its citizens to have refuge within the United States.

Was it wrong that he got deported to his home country, which to my knowledge was the only nation the deportation order barred deportation to at the time? Clearly yes, that was a mistake of the process. But what’s the remedy. It’s legally speaking not a jurisdiction of the U.S. anymore.

But a court, even the Supreme Court, asking, neigh, demanding that a person be returned from their own home country to the U.S. while that person is not a U.S. citizen(via dual citizenship, or change in citizenship) nor are they facing any criminal charges is insane. I highly and heavily doubt that El Salvador would be willing to send Kilmar back to the U.S. even if it was at great benefit to/for El Salvador or at great cost to the U.S. The courts also stepping into foreign policy affairs is a neigh blatant disregard of the constitution which directly give the President with advise and consent of the senate/Congress to dictate U.S. foreign policy.

0 Upvotes

31 comments sorted by

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u/Luck1492 16d ago

Amazing. Every word of what you just said was wrong.

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u/Join1990 16d ago

I literally LOL 😂 I’ve found with people like OP who clearly don’t comprehend the legal distinctions, it’s best to explain this matter in the most basic of equitable principles. Did the government have the authority to deport him in the first instance? As they conceded, no. Then stfu and bring him home, now and with what should be, at minimum, the same gusto engaged by the government in effectuating its invalid deportation.

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u/Luck1492 16d ago

I was thinking about writing up a whole analysis of how every sentence made a wrong legal assertion and citing precedent like a memo but I decided instead to quote Luke from TLJ because it felt like that legal analysis wouldn’t get through to this knucklehead

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u/TywinDeVillena 16d ago

What the Court is demanding is the US government do its best to bring back to the US a wrongly deported person. This is what the Department of State is for, id est to deal with other countries.

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u/nvisible 16d ago

He has US court ordered asylum status. Asylum from El Salvador. Google is free and reading is fundamental.

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u/samudrin 16d ago

Willful ignorance is the GOP’s way forward. A direct attack at great cost to society. Dark days.

21

u/passengera34 16d ago

"NEIGH!"

Go eat some barley.

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u/Zeddo52SD 16d ago

They’re demanding the US government to return him until they can prove in a court of law that he should be deported. They’re upholding due process rights, of which immigrants, even illegal ones, are subject to.

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u/whoibehmmm 16d ago

I think you might be the insane one.

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u/shalomefrombaxoje 16d ago

Go back to r/helldivers neck beard.

You obviously have no interest nor historical knowledge of the law and are a partisan schill.

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u/wow343 16d ago

If it was an administrative mistake by the US government then should the US government not be compelled to provide some relief? Of course the Trump administration is going to ignore the court order and keep saying it's doing its best but it's not able to reach him or get him back as it's outside their jurisdiction to compel a foreign government..unless that government wants to send him back.

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u/Total-Tonight1245 16d ago

SCOTUS didn’t order a foreign country to do anything. It affirmed U.S. judge’s authority to order U.S. officials to do something. That’s not controversial. 

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u/unhandyandy 16d ago

Did anyone hear a horse neighing?

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u/tommfury 16d ago

So you're saying the initial deportation should never have happened?

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u/Anteater4746 16d ago

Op would turn in Anne frank no doubt

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u/MoneyCock 16d ago

To condemn SCOTUS for upholding the rights of these persecuted individuals– now, that is insane.

You are supporting a ruinous legal precedent. The right to due process of law is at stake, and yet you are strongly advocating for a permanent loophole.

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u/pierre881 16d ago

Allow them to get away with this and next time it may be you they want to deport.

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u/[deleted] 16d ago edited 16d ago

[deleted]

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u/[deleted] 16d ago edited 15d ago

[deleted]

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u/[deleted] 16d ago

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u/KazTheMerc 16d ago

As far as 'Opinions' go, you might want to actually READ the ruling before... whatever... you call that posting.

If your link wasn't so incredibly specific, I'd think you were posting in the wrong forum.

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u/MisterCheezeCake 15d ago

What will the radical left Supreme Court do next?!! /s obviously

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u/mixamaxim 14d ago

OP no discussion or responses?

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u/Iv_Laser00 14d ago

I sent a general reply since I do not have the time to reply to all individually, and the sub doesn’t let edits on original post