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SCOTUS allows third-country removals to resume, as lower courts close in on Trump’s lawlessness
A split-screen of the Supreme Court allowing Trump to expand his authoritarian efforts as appeals courts are increasingly supporting district courts’ accountability efforts.
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Findings of collusion and bad faith are factual ones subject to the clear error standard of review. See Faught v. Am. Home Shield Co., 668 F.3d 1233, 1244 (11th Cir. 2011) (collusion); Trump v. Clin-ton, 161 F.4th 671, 689 (11th Cir. 2025) (bad faith). A finding of fact is not clearly erroneous if it is "plausible in light of the full record— even if another is equally or more so[.]" Cooper v. Harris, 581 U.S. 285, 293 (2017) (internal quotation marks and citation omitted).
The appellants did not submit or offer any evidence to explain their litigation conduct or demonstrate that the lawsuit and
USCA11 Case: 26-12692
Document: 68
Date Filed: 09/29/2026
Page: 20 of 22
20
Order of the Court
26-12692
the settlement were not collusive. Given the record before us, the appellants have not made a strong showing that the district court committed clear error in its collusion and bad faith findings. See generally United States v. Johnson, 319 U.S. 302, 304-05 (1943) (per curiam); Lord v. Veazie, 49 U.S. 251, 254-56 (1850).](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:36eqtmzysqf7wsslczw4uxcd/bafkreifdizszm4juqf4uowjbydlml7jf2uneozuxnkufgwddw7qjby7dmi)
