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Joe Dudek

@joedudekjd.bsky.social

Maryland appellate typography guru. All opinions mine. All humor niche.

15239 Posts7587 Follower1099 Folgt
Joe Dudek@joedudekjd.bsky.social · 3d ago

"Stays pending appeal to this Court are granted only in extraordinary circumstances. A lower court judgment, entered by a tribunal that was closer to the facts than the single Justice, is entitled to a presumption of validity." Graves v. Barnes, 405 U.S. 1201, 1203 (Powell, J., in chambers).

Steve Vladeck@stevevladeck.bsky.social · 3d ago

Here's a graphic that does a better job of conveying the point than my original post: even by the (insane) standards of the first Trump administration, #SCOTUS is receiving—and granting—a truly unprecedented number of applications for emergency relief from the federal government:

Joe Dudek@joedudekjd.bsky.social · 3d ago

Do you lose your due-process rights if the government abducts you and dumps you in a foreign country? If the first word out of your mouth is anything other than "no," boy, I don't know ...

Randy Herman@randyhermanlaw.com · 3d ago

Rao: these people were allegedly illegally present in the US. Do their due process rights continue to remain with them after they are removed? This is a novel question. (But these people were removed illegally, I feel insane)

Joe Dudek@joedudekjd.bsky.social · 3d ago

When you decide to abandon your mathematics degree and pursue law, you think that you'll be leaving the Intermediate Value Theorem behind.

Aaron Reichlin-Melnick@reichlinmelnick.bsky.social · 4d ago

An ICE official desposed for this case was so evasive during a deposition that the judge declared her not credible. At one point, when asked to give a rough estimate of how many people were being held at 26 Federal Plaza in NYC in June 2025, she responded with "there's no such thing as an average."

Joe Dudek@joedudekjd.bsky.social · 4d ago

'Notwithstanding an affirmed final judgment on the merits that we are violating, among other things, the Convention Against Torture, we had planned to dump people in Burundi, Rwanda, and the Central African Republic. When the First Circuit found out, they told us to stop. For shame!'

Chris Geidner@chrisgeidner.bsky.social · 4d ago

Here is the application: www.documentcloud.org/documents/28... In the filing, DOJ complains that it has been "forced" to keep coming back to SCOTUS for relief—telling on itself a bit, I'd say—and about the First Circuit acting quickly—when the First Circuit was addressing DHS acting quickly.

This is the third time the government has been forced to seek emergency relief from the district court's orders in this case about "third-country removals"—an es- sential tool to remove certain aliens, including some of the worst criminal aliens. This Court granted relief on both previous occasions. The latest order rests on the same fundamentally flawed legal premises as the previous rulings, and the nominal new grounds that the lower courts added to try to buttress those prior decisions are even weaker than those that failed to sustain the originals. Meanwhile, the equities that (1) 2 supported this Court's intervention (twice) have, if anything, only grown stronger in favor of the government's continued enforcement of the challenged policy. A stay is thus once again warranted. Cf. Trump v. Boyle, 145 S. Ct. 2653, 2654 (2025) ("Although our interim orders are not conclusive as to the merits, they inform how a court should exercise its equitable discretion in like cases."). "Although the posture of the case has changed, the parties' legal arguments and relative harms generally have not. The same result that [this Court] reached in [June 2025] is appropriate here." Noem v. National TPS Alliance, 146 S. Ct. 23, 24 (2025).