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this post was submitted on 07 Apr 2025
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I think this is not a straightforward case as a matter of law, even though it is as a matter of justice. Generally, a court couldn't reasonably order the US government to exfiltrate a person from a prison in a foreign country (even if he was there as a result of US government wrongdoing). This case is different because when the US government is paying the foreign country to keep that person in prison, the reasons why such an order would generally be unreasonable don't apply.
The question is, where do you draw the line between the general case and this specific case? What if, for example, El Salvador decides to do what presumably makes Trump happy rather than what he's being ordered to ask for, and refuses to free this man despite an official request from the US? Can a court decide that the US needs to try harder? What if El Salvador stubbornly keeps refusing?
We all know that this man would be back in the US if Trump wanted him back in the US, but how do you prove that?
The Supreme court has the authority to do whatever the fuck it wants actually. So yes, they absolutely can compell the executive branch to exfiltrate someone.
I mean reading the constitution kinda proves that statement wrong on its face.
You know, people are regularly un-deported, right? Well at least they used to be... This is a thing that happens
Also, El Salvador isn't refusing... The Trump admin is refusing to ask. We're literally paying them for this service - can the state say "sorry, we can't release this person because they're in a private prison, and that's against our contract with them". No, the contract can be invalidated and the state can be compelled to take reasonable action to fix it
You can't do a shell game to avoid court orders, and that's exactly what the Trump admin is attempting