Fourth (and *last*) ruling from #SCOTUS today is in Riley v. Bondi. For a messy, fractured 5-4 majority (with Justice Gorsuch joining the three Democratic appointees in dissent) narrows judicial review in a small category of complicated immigration appeals: [www.supremecourt.gov/opinions/24p...](đź“„.pdf ) [supremecourt.gov/opinions/24pdf...](đź“„.pdf )
The Supreme Court’s unexplained order on Monday in the third-country removals case, and the continuing controversy over what it does and doesn’t mean, is Exhibit A for why the justices need to provide an explanation at least when they *grant* emergency relief. More in today’s bonus “One First”: [Bonus 161: Why the Court Needs...]( )
Today’s unsigned, unexplained #SCOTUS ruling clearing the way for removals of migrants to third countries without any additional process is a disaster—not just on the merits, but because of the government misbehavior that it not only refuses to punish, but effectively rewards. Me, via “One First”: [161. The Court's Disastrous Ru...]( )
Here’s the “Presidential Memorandum”: [www.whitehouse.gov/presidential...]( ) There’s no Insurrection Act invocation; Trump is federalizing 2000 CA Nat’l Guard personnel only to “protect federal functions.” *Without* invoking the Insurrection Act, anything more would violate the Posse Comitatus Act. https://amanita.us-east.host.bsky.network/xrpc/com.atproto.sync.getBlob?did=did:plc:nwnlnixtjh3qhkwpz2uy5uwv&cid=bafkreicwoikrcr3uazh34pth6x73as65qohim3hgdw5xzomofanhcyy2u4
There are two pathways to what Trump is doing: 1) He is federalizing 2000 National Guard troops; or 2) He is deploying 2000 members of another state’s National Guard with the permission of *that* state’s governor. These posts walk through the relevant authorities—and the questions they raise: RE: View quoted note →
Re-upping this “One First” post from April asking—and trying to answer—five questions about the domestic use of the military: [142. Five Questions About Dome...]( )
It’ll be interesting how the Trump administration’s remarkable ability to magically bring Abrego García back to the United States will bear on its arguments in other cases about how it really has no ability to influence the detention of others at CECOT.
#BREAKING: #SCOTUS grants Trump administration stay in DOGE/Social Security case (restoring DOGE’s access to SSA data) over public dissents from three Democratic appointees.
#BREAKING: #SCOTUS grants Trump administration application for stay in CHNV humanitarian parole immigration case; lets government deport those previously granted parole. Justice Jackson, joined by Justice Sotomayor, filed an eight-page dissenting opinion. Link to come shortly.
#BREAKING: In Oklahoma religious charter school case, #SCOTUS splits 4-4 (with Justice Barrett recused), which means the lower-court ruling (barring the religious charter school) stands without a (precedential) opinion: [www.supremecourt.gov/opinions/24p...](đź“„.pdf ) [supremecourt.gov/opinions/24pdf...](đź“„.pdf )