Andrew Weissmann

And the mechanism is important because it leads to sort of what court you have to go to and where it should be. But the main issue was, did the government have to afford all of these people due process prior to moving them out of the country? Nine justices said yes. That part is sort of getting overlooked by the sort of 5-4 split on the procedural issue.

And I'm not trying to say the procedural isn't important. Although, footnote, because the court said you had to do this under habeas, that immediately happened. People brought a habeas case in New York. They brought a habeas case in Texas in front of a conservative judge in Texas, a so-called liberal judge in New York. Both issued stays.

And I'm not trying to say the procedural isn't important. Although, footnote, because the court said you had to do this under habeas, that immediately happened. People brought a habeas case in New York. They brought a habeas case in Texas in front of a conservative judge in Texas, a so-called liberal judge in New York. Both issued stays.

And I'm not trying to say the procedural isn't important. Although, footnote, because the court said you had to do this under habeas, that immediately happened. People brought a habeas case in New York. They brought a habeas case in Texas in front of a conservative judge in Texas, a so-called liberal judge in New York. Both issued stays.

So yes, the mechanism had to be different, but the stay went back into effect by two separate judges. The stay on deporting new people based on that. Exactly. Exactly.

So yes, the mechanism had to be different, but the stay went back into effect by two separate judges. The stay on deporting new people based on that. Exactly. Exactly.

So yes, the mechanism had to be different, but the stay went back into effect by two separate judges. The stay on deporting new people based on that. Exactly. Exactly.

And so the main issue was that the administration, which always could have taken the normal route, which was to give people hearings, and if you can prove that the statute applies and that these people are within the group that can be deported, If you do that at a hearing, you could deport them. But instead, they wanted to just be like, no, we're just going to take unilateral action.

And so the main issue was that the administration, which always could have taken the normal route, which was to give people hearings, and if you can prove that the statute applies and that these people are within the group that can be deported, If you do that at a hearing, you could deport them. But instead, they wanted to just be like, no, we're just going to take unilateral action.

And so the main issue was that the administration, which always could have taken the normal route, which was to give people hearings, and if you can prove that the statute applies and that these people are within the group that can be deported, If you do that at a hearing, you could deport them. But instead, they wanted to just be like, no, we're just going to take unilateral action.

And as one judge said, just scoop people off the street with no legal authority whatsoever and ship them off. And the Supreme Court, nine justices said, you can't do that. So to me, that is sort of the part of the story that people need to lead with, which is, I mean, when do you ever have nine of these particular Supreme Court justices agreeing that due process was violated?

And as one judge said, just scoop people off the street with no legal authority whatsoever and ship them off. And the Supreme Court, nine justices said, you can't do that. So to me, that is sort of the part of the story that people need to lead with, which is, I mean, when do you ever have nine of these particular Supreme Court justices agreeing that due process was violated?

And as one judge said, just scoop people off the street with no legal authority whatsoever and ship them off. And the Supreme Court, nine justices said, you can't do that. So to me, that is sort of the part of the story that people need to lead with, which is, I mean, when do you ever have nine of these particular Supreme Court justices agreeing that due process was violated?

I don't think that is going to work. It remains to be seen exactly what's necessary, but this is one where when you read the Sotomayor opinion, which Amy Coney Barrett joined, you really get the sense that this has to be appropriate to the occasion and with sufficient notice to be heard. Here, it's not clear that the authority, the Alien Enemies Act, even applies.

I don't think that is going to work. It remains to be seen exactly what's necessary, but this is one where when you read the Sotomayor opinion, which Amy Coney Barrett joined, you really get the sense that this has to be appropriate to the occasion and with sufficient notice to be heard. Here, it's not clear that the authority, the Alien Enemies Act, even applies.

I don't think that is going to work. It remains to be seen exactly what's necessary, but this is one where when you read the Sotomayor opinion, which Amy Coney Barrett joined, you really get the sense that this has to be appropriate to the occasion and with sufficient notice to be heard. Here, it's not clear that the authority, the Alien Enemies Act, even applies.

So there has to be an opportunity to litigate that. What's the invasion? What's the invasion of a foreign country? Then you also have to be able to challenge, are you part of the group? Are you actually in this group or is it a mistake? To quote one of the judges in D.C.

So there has to be an opportunity to litigate that. What's the invasion? What's the invasion of a foreign country? Then you also have to be able to challenge, are you part of the group? Are you actually in this group or is it a mistake? To quote one of the judges in D.C.

So there has to be an opportunity to litigate that. What's the invasion? What's the invasion of a foreign country? Then you also have to be able to challenge, are you part of the group? Are you actually in this group or is it a mistake? To quote one of the judges in D.C.

in looking at the precedent, she said, you understand that Nazis were given more process before we deported them than you have afforded these people. It remains to be seen exactly how much there is, and frankly, reasonable minds could differ. But I do think we should take, for now, this is a good decision, saying you actually have to do this.