Alito has just filed his dissent from last night’s Supreme Court order directing the Trump executive not to remove any Venezuelans detained pursuant to AEA in Northern District of Texas. Thomas joins. They take the position I sketched in an earlier thread today: that there was no appealable order or rulings before the Supreme Court bc the trial court judge had not ruled on plaintiffs’ TRO and class certification motions. #LawFedi 1/
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Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Sunday, 20-Apr-2025 12:48:57 JST Heidi Li Feldman
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Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Sunday, 20-Apr-2025 12:48:57 JST Heidi Li Feldman
Alito also disputes the Supreme Court’s basis for making the order on other legal grounds. But what is interesting is that no Justice other than Thomas found Alito’s arguments persuasive. 2/
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Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Sunday, 20-Apr-2025 12:48:57 JST Heidi Li Feldman
This is striking. Some of Alito’s concerns are comparatively run of the mill, and ordinarily any of the seven Justices in the majority might well share one or more of them. But all of Alito’s concerns presume that the trial court judge and/or the Trump executive have been acting and would continue to act in good faith. Clearly none of the Justices in the majority bought that presumption. 3/
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Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Sunday, 20-Apr-2025 12:56:58 JST Heidi Li Feldman
That it was “Good Friday afternoon” has nothing to do with the legal appropriateness of the plaintiffs seeking an emergency injunction from the District Court. Emergencies, including legal ones, arise regardless of religious holidays and courts are supposed to always be on call to handle them. 5/
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Paul Cantrell (inthehands@hachyderm.io)'s status on Sunday, 20-Apr-2025 12:56:58 JST Paul Cantrell
@heidilifeldman
Alito is such an ass. I think again and again of Adam Serwer describing him as having “the entitlement that flows from having no one around you who can tell you what you sound like.” -
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Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Sunday, 20-Apr-2025 12:56:59 JST Heidi Li Feldman
There is one particularly annoying passage in Alito’s dissent: “When the applicants requested such relief in the District Court, they insisted on a ruling within 45 minutes on Good Friday afternoon, and when the District Court did not act within 133 minutes, they filed a notice of appeal, which the District Court held deprived it of jurisdiction.” 4/
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Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Sunday, 20-Apr-2025 14:16:53 JST Heidi Li Feldman
Furthermore, the plaintiffs filed when they did in part because the district court had rejected their first TRO motion, lodged earlier in the day, based on the first reports that the Trump regime was boarding detainees onto buses to the airport, where they would then be flown to El Salvador. As more evidence of this came in, the plaintiffs filed the motion Alito is referring to. …6/
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Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Sunday, 20-Apr-2025 14:16:53 JST Heidi Li Feldman
Thus, Alito makes it sound like the plaintiffs foolishly or unreasonably waited until mid-afternoon to seek relief, when in fact they had been trying all day to get an emergency injunction from the trial court. 7/
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Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Sunday, 20-Apr-2025 14:16:53 JST Heidi Li Feldman
And of course the reason the plaintiffs were seeking emergency relief all day is because they had no reason to think the Trump regime wouldn’t be shipping people to El Salvador in the middle of the night, when it would be even more disruptive for the trial court just, as well as potentially futile, to be filing for an emergency TRO. 8/
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Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Sunday, 20-Apr-2025 14:16:53 JST Heidi Li Feldman
I was just able to get a link for Alito’s dissent. I have added it to the first post in this thread and am putting it here too. https://www.supremecourt.gov/opinions/24pdf/24a1007_22p3.pdf 9/
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Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Sunday, 20-Apr-2025 14:17:06 JST Heidi Li Feldman
Whether or not he sincerely believes that the problematic actor in this case is the Supreme Court, because the majority issued an order against removal, Alito has given fodder for members and fans of the Trump regime to say that it is the Supreme Court that is the bad actor here, when of course the heinous, untrustworthy, lawless, and anti-constitutional actor is the Trump executive. 10/10
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your auntifa liza 🇵🇷 🦛 🦦 (blogdiva@mastodon.social)'s status on Sunday, 20-Apr-2025 14:18:32 JST your auntifa liza 🇵🇷 🦛 🦦
@heidilifeldman so he’s ok sending someone to a gulag, DURING HOLY WEEK, but the victim seeking relief on the day Christ died for HIS sins, is an inconvenience to that most heretical of Catholics, Samuel Alito. Papa Quico should excommunicate his ass. he already said anybody supoorting Trump isnt a Christian ―that’s a slap on the face to all the Catholics supporting Trump.
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Mat Wright (matwright@mastodon.social)'s status on Monday, 21-Apr-2025 13:38:38 JST Mat Wright
@blogdiva @heidilifeldman I am still at a loss that anyone on medicare supported Trump
but then I've always been amazed at voters going for people against their own interests
I know career academic sociologists who have been studying this for decades, and still don't have any answers
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