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Culture War Roundup for the week of April 7, 2025

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I agree it's vague, but it is as deferential to the government while still maintaining that deportees get some due process in the form of judicial review. I really can't imagine any other result that's this favorable to the administration.

In that case the court found that if the detention was on behalf of the US then the court would have jurisdiction to order his return since the US had "constructive" custody of him.

We shall see.

Vladeck has an article (of course) that talks about this in some detail.

I greatly respect Vladeck, but I have serious issues with his analysis. My two major complaints is that he cites concerns that are, frankly, not proper or justiciable.

Trading APA review for habeas, even if the remedies were otherwise commensurate, is trading the ideologically diverse (and national security-experienced) D.C. federal courts for the most right-leaning federal courts in the country. And the justices know that, too.

I mean, we all know that. It's a fact. But the best application of APA vs Habeas here does not depend at all upon this fact, and Vladeck knows or ought to know it. It also wouldn't matter if the DC Circuit was full of Trump appointees and the 5th full of Biden ones.

This isn’t any old case; it’s the case in which the government has come the closest to outright defiance of a court order (something Chief Judge Boasberg is still in the middle of adjudicating). [...] Not two weeks later, here’s Roberts providing the decisive vote to hold that, in fact, the case shouldn’t have been before that judge (or that court) in the first place

Again, whether or not this belongs in the DCC or the 5th is completely independent of whether the government ordered a court order. That fact cannot enter into a jurisdictional question -- and it's just beneath him to suggest that it's relevant.

The remedy for contempt cannot possibly be "we rewrite or reframe jurisdictional law to punish the contemptuous litigant".