Adam Liptak

@adamliptak.bsky.social

I cover the Supreme Court for The New York Times.

Well, this is somewhat unexpected. Chief Judge Dan Domenico of Colorado, whose nomination by Trump to the 10th Circuit is still pending, orders the government to return a habeas petitioner to the U.S. after deporting him in violation of Domenico's temporary restraining order.

The respondents removed the petitioner from the United States before his order of removal had become final and in violation of this Court’s
temporary restraining order enjoining his removal. They must therefore
take steps to facilitate his return to the United States.
BACKGROUND1
The petitioner is a native and citizen of Mexico. Doc. 1 at 32. He filed
suit in this Court seeking a writ of habeas corpus ordering his release
from immigration detention. Doc. 1CONCLUSION
It is ORDERED that:
Petitioner’s Emergency Motion to Enforce Temporary Restraining
Order, Doc. 10, is GRANTED, and the respondents must take all available steps within their lawful authority to facilitate the petitioner’s return to the United States as soon as possible;
The respondents must file a status report within one week of this
Order stating whether or not the petitioner has been returned to the
United States, and (a) if not, “the steps [they have] taken [to facilitate
his return] and the prospect of further steps,” Abrego Garcia, 145 S. Ct.
at 1018, or (b) if so, whether the petitioner has been detained and the
statutory authority under which the respondents contend his detention
is authorized; and
The Order to show cause why the Court should not enter a preliminary injunction, Doc. 9, is DISCHARGED, and the Petitioner’s Emergency Motion for Temporary Restraining Order, Doc. 7, is DENIED AS
MOOT.
DATED: August 25, 2026 BY THE COURT:

Daniel D. Domenico
Chief United States District Judge

Today’s unanimous opinion in Royal Canin, from Kagan, features the first (“Posner, J.”) parenthetical in a Supreme Court decision in five years. Lexis says there have been 33, starting in 1985.

Thanks to @adamliptak.bsky.social for spotlighting the 1925 law that "grant[ed] the Supreme Court an extraordinary power: to pick which cases it would decide." Honored to see my HLR article cited alongside Robert Post's truly foundational work on this topic. www.nytimes.com/2024/12/09/u... 🗃️

A Century-Old Law’s Aftershocks Are Still Felt at the Supreme Court

In 1925, Congress let the justices choose the cases they would decide. That change “continues to prompt political contention and crisis,” a scholar argues.

nytimes.com