Rachel Abrams
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So then what happens next?
And in practical terms, what does this mean for the government's obligation, this distinction between effectuate and facilitate?
And in practical terms, what does this mean for the government's obligation, this distinction between effectuate and facilitate?
So basically, it's the difference between a should and a must. The court is basically saying, do everything you can, but if you ultimately can't bring him back, then you've fulfilled your obligation.
So basically, it's the difference between a should and a must. The court is basically saying, do everything you can, but if you ultimately can't bring him back, then you've fulfilled your obligation.
It also feels like the ruling gives the administration some leeway, right? Because the ruling is basically telling the government, please try. So if the government, for example, you know, says, well, look, we called up the president of El Salvador and we asked him nicely and he said no, we did our job. That's the end of it, right? Yeah.
It also feels like the ruling gives the administration some leeway, right? Because the ruling is basically telling the government, please try. So if the government, for example, you know, says, well, look, we called up the president of El Salvador and we asked him nicely and he said no, we did our job. That's the end of it, right? Yeah.
So if we are in a scenario where facilitate is the order of the day, that essentially still means that the government should be trying all avenues to get this guy home.
So if we are in a scenario where facilitate is the order of the day, that essentially still means that the government should be trying all avenues to get this guy home.
So, Adam, this judicial nudge, as you put it, even if it's not a demand on the administration, it seems like it would be a win for Abrego Garcia because, as you say, there's a lot of levers that the administration could pull here to try to get this man back. But he's obviously still not home. So what happened after the Supreme Court issued its decision in this case?
So, Adam, this judicial nudge, as you put it, even if it's not a demand on the administration, it seems like it would be a win for Abrego Garcia because, as you say, there's a lot of levers that the administration could pull here to try to get this man back. But he's obviously still not home. So what happened after the Supreme Court issued its decision in this case?
So tell us about that. What does the administration do right after the ruling?
So tell us about that. What does the administration do right after the ruling?
It sounds like they're not really doing anything to heed any of the requests or demands that they do something to bring this man home.
It sounds like they're not really doing anything to heed any of the requests or demands that they do something to bring this man home.
So basically, we're back where we started, right? The government is returning to this argument that you, the courts, can't tell us what to do when it comes to foreign policy.
So basically, we're back where we started, right? The government is returning to this argument that you, the courts, can't tell us what to do when it comes to foreign policy.
So basically they're spinning this as a victory, right?
So basically they're spinning this as a victory, right?
So Adam, we have had you on the show before talking about whether the various showdowns between the administration and courts are leading toward a constitutional crisis.