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@surely-good373.bsky.social
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Chris Geidner @chrisgeidner.bsky.social · 08/04/2025
I'm writing away, but — If you're going to be dismissive about your colleagues in a United States Supreme Court opinion, you should damn well have to put your name to it. This being in a per curiam is ridiculous.
<highlighted>For all the rhetoric of the dissents</highlighted>, today's order and per curiam confirm that the detainees subject to removal orders under the AEA are entitled to notice and an opportunity to challenge their removal. The only question is which court will resolve that challenge.
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Chris Geidner @chrisgeidner.bsky.social · 07/04/2025
BREAKING: The Supreme Court, on a 5-4 vote, ends the TROs in the Alien Enemies Act litigation, holding challenges must be brought in habeas and in the jurisdiction in which detainees are held. The court also holds that notice and an actual opportunity to bring a habeas case must be given.
Per Curiam
SUPREME COURT OF THE UNITED STATES
No. 24A931
DONALD J. TRUMP, PRESIDENT OF THE UNITED
STATES, ET AL. v. J. G. G., ET AL.
ON APPLICATION TO VACATE THE ORDERS ISSUED BY THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
[April 7, 2025]
PER CURIAM.
This matter concerns the detention and removal of Venezuelan nationals believed to be members of Tren de Aragua (TdA), an entity that the State Department has designated as a foreign terrorist organization. See 90 Fed. Reg. 10030
(2025). The President issued Proclamation No. 10903, invoking the Alien Enemies Act (AEA), Rev. Stat. §4067, 50 U.S. C. §21, to detain and remove Venezuelan nationals
"who are members of TdA."We grant the application and vacate the TROs. The detainees seek equitable relief against the implementation of the Proclamation and against their removal under the AEA.
They challenge the Government's interpretation of the Act and assert that they do not fall within the category of removable alien enemies. But we do not reach those argu-ments. Challenges to removal under the AEA, a statute which largely "preclude[s] judicial review," Ludecke v.
Watkins, 335 U.S. 160, 163-164, (1948), must be brought in habeas. Cf. Heikkila v. Barber, 345 U. S. 229, 234-235
(1953) (holding that habeas was the only cause of action available to challenge deportation under immigration statutes that "preclud[ed] judicial intervention" beyond what was necessary to vindicate due process rights). Regardless of whether the detainees formally request release from con-finement, because their claims for relief "necessarily imply the invalidity'" of their confinement and removal under the AEA, their claims fall within the "core" of the writ of habeas corpus and thus must be brought in habeas. Cf. Nance v.
Ward, 597 U. S. 159, 167 (2022) (quoting Heck v. Humph-rey, 512 U.S. 477, 487 (1994)). And "immediate physical release [is not] the only remedy under the federal writ of habeas corpus." Peyton v. Rowe, 391 U. S. 54, 67 (1968); see, e.g., Nance, 597 U. S., at 167 (explaining that a capital prisoner may seek "to overturn his death sentence" in habeas by "analogly]" to seeking release); In re Bonner, 151 U.S. 242, 254, 259 (1894). For "core habeas petitions," "jurisdic-tion lies in only one district: the district of confinement."The detainees also sought equitable relief against summary removal. Although judicial review under the AEA is limited, we have held that an individual subject to detention and removal under that statute is entitled to "judicial review'" as to "questions of interpretation and constitution-ality" of the Act as well as whether he or she "is in fact an alien enemy fourteen years of age or older." Ludecke, 335 U.S., at 163-164, 172, n. 17. (Under the Proclamation, the term "alien enemy" is defined to include "all Venezuelan citizens 14 years of age or older who are members of TdA, are within the United States, and are not actually naturalized or lawful permanent residents of the United States." 90 Fed. Reg. 13034.) The detainees' rights against summary removal, however, are not currently in dispute. The Government expressly agrees that "TA members subject to removal under the Alien Enemies Act get judicial review." Reply in Support of Application To Vacate 1. "It is well established that the Fifth Amendment entitles aliens to due process of law" in the context of removal proceedings. Reno
v. Flores, 507 U. S. 292, 306 (1993). So, the detainees are entitled to notice and opportunity to be heard "appropriate to the nature of the case." Mullane v. Central Hanover
Bank & Trust Co., 339 U. S. 306, 313 (1950). More specifi-cally, in this context, AEA detainees must receive notice after the date of this order that they are subject to removal under the Act. The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs.
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Chris Geidner @chrisgeidner.bsky.social · 08/04/2025
"Furthermore, the Supreme Court's decision eliminates the basis for this Court's order to show cause, which should therefore be dissolved as well." This, filed with Boasberg along with the SOCTUS order, is a ridiculous suggestion.
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Democracy Docket @democracydocket.com · 08/04/2025
Since his inauguration, President Donald Trump has many times outlined his extreme vision for U.S. elections.
democracydocket.com
Trump’s Plan to Control Elections Is Coming Into Focus
Read more here.
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Anna Bower @annabower.bsky.social · 08/04/2025
ah, yes, the ole “keep a habeas petition in your pocket just in case you get disappeared” theory of due process
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Bobby Allyn @bobbyallyn.bsky.social · 08/04/2025
NEW: Twitch appears to have settled with X after Elon Musk added the Amazon-owned service to his lawsuit accusing advertisers of boycotting the platform. Details of what X and Twitch are calling a “memorandum of understanding” not disclosed in the filing
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Anna Bower @annabower.bsky.social · 08/04/2025
“are you wearing the—?” “the habeas boots? the boots in which I carry all my habeas petitions just in case I get disappeared to the gulag in el salvador? yeah, yeah I am.”
media.tenor.com
a woman in a black jacket is walking down a hallway in a room .
Alt: a woman in a black jacket is walking down a hallway in a room, wearing a chic outfit, including a pair of thigh high Chanel boots. Two women — one with red hair and one with blonde hair — stare at her in surprise. It’s a scene from the movie “the devil wears Prada,” in which Andie gets a makeover and wears “the Chanel boots” for the first time
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Josh Marshall @joshtpm.bsky.social · 08/04/2025
Republicans struggle with the concept if democracy www.ajc.com/news/nation-...
ajc.com
Texas governor calls November election for vacant US House seat as Democrats criticize timing
HOUSTON (AP) — Texas Republican Gov. Greg Abbott announced Monday that a special election to fill the late Democratic U.S. Rep. Sylvester Turner's seat won't be held until November and defended the ti...
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Sen. Adam Schiff @schiff.senate.gov · 08/04/2025
We often look back on the seminal moments in our history and wonder "What would I have done?" This is our moment. This is our time. We must stand up. We must speak out. We must do everything we can to stop a President who has every intention of destroying our democracy.
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Chris Hayes @chrislhayes.bsky.social · 08/04/2025
They’re going to keep pushing until something stops them.
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Anil Kalhan @akalhan.bsky.social · 08/04/2025
“While in the interrogation room, Makled said, a man in plain clothes entered and began speaking to him. He said he recalls the man telling him: ‘We know you're a lawyer. We know you take on big cases.’”
freep.com
Lawyer for U-M protester detained at airport after spring break trip with family
Dearborn lawyer says feds tried to seize his cellphone at Detroit Metro Airport as he returned from spring break trip with his family.
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Ezra Levin ❌👑 @ezralevin.bsky.social · 07/04/2025
Holy moly this is awesome. For any journalists looking to add interesting local anecdotes to your articles - check this out:
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Popehat @kenwhite.bsky.social · 08/04/2025
In fact, it is offensively ridiculous to think that any but a handful of people disappeared by ICE will be able to file habeas corpus, because it relies on them having informed families with connections to available knowledgeable lawyers with time and resources to act instantly.
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Aaron Reichlin-Melnick @reichlinmelnick.bsky.social · 07/04/2025
NEW: @elfaroenglish.bsky.social identified a SECOND man sent to El Salvador and imprisoned who is married to a US citizen. Jesús Ríos entered the US at a port of entry in 2023 seeking asylum. His wife started the green card process in January. Like most sent to CECOT, he has no criminal record.
US Wife of CECOT Deportee: “He was seeking asylum… Sometimes I think he’s dead” Sunday, April 6, 2025. There is a picture of him standing in front of a row of deodorant in a grocery story/CVS type store.
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lienoe.bsky.social @lienoe.bsky.social · 08/04/2025
@maddow.msnbc.com Little ol Durango, CO!
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Allison Gill @muellershewrote.com · 08/04/2025
I *guess* the good news is that IF they can get lawyers AND they can afford it, the 130 men already in El Salvador would have jurisdiction to file habeas claims in DC and not TX or LA.
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Ezra Levin ❌👑 @ezralevin.bsky.social · 08/04/2025
When elected officials see mass protests and then immediately adjust their behavior in response, that is a good thing. That's how this should work! Celebrate Blumenthal for this. And then ask your own Dem senator what they're doing. And what Schumer is doing.
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Allison Gill @muellershewrote.com · 08/04/2025
We wouldn’t be here if SCOTUS had allowed the January 6th trial to go forward as scheduled.
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Allison Gill @muellershewrote.com · 08/04/2025
Keep calling your republican senators! Please!
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Brian Tyler Cohen @briantylercohen.bsky.social · 08/04/2025
The irony of Elon accusing everyone under the sun of profiting from some nebulous slush fund is that he himself is the recipient of $38 billion in government handouts.
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Bill Kristol @billkristolbulwark.bsky.social · 07/04/2025
"Like what happened in Germany"!? Trump knows nothing and has read nothing. But I wonder if, growing up, he heard at home stories that I gather were current at the time in pro-German, Holocaust-minimizing circles, of alleged instances of humane treatment of the Jews in the camps?
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Aaron Rupar @atrupar.com · 07/04/2025
Larry Kudlow schools Treasury Secretary Scott Bessent about why trade deficits aren't actually bad
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Eric Columbus @ericcolumbus.bsky.social · 07/04/2025
We imported $3 billion worth of goods from Russia last year ustr.gov/countries-re...
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Dahlia Lithwick @dahlialithwick.bsky.social · 08/04/2025
@mjsdc.bsky.social slate.com/news-and-pol...
slate.com
The Supreme Court’s New 5–4 Bailout for Trump Couldn’t Be More Ominous
The Supreme Court handed Trump a major victory, lifting a restraining order that had prevented the mass deportation of migrants to an El Salvador prison.
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Jen Taub @jentaub.bsky.social · 08/04/2025
Exactly
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Andrew Weinstein @andrewjweinstein.com · 08/04/2025
Trump Magazine Trump Vodka Trump Airlines Trump Steaks Trump Water Trump Mortgage Trump Travel Trump The Game Trump Casinos Trump University Trump Foundation The Trump Economy Any questions?
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Tim Karr @timkarr.bsky.social · 08/04/2025
@sulliview.bsky.social writes that tamped down coverage of the nationwide demonstrations is a sign that the media "refs have been successfully worked," by a Trump administration that's painted a target on any outlet that doesn't toe the official line. margaretsullivan.substack.com/p/big-protes...
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Scott MacFarlane @macfarlanenews.bsky.social · 08/04/2025
A big target on Pennsylvania, Michigan, Ohio and Wisconsin Democratic Congressional Campaign Committee releases list of House GOP seats they’re targeting in 2026 After stronger performances in special elections last week
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Scott Dworkin @dworkin.bsky.social · 07/04/2025
Tell Congress Waltz has got to go
actionnetwork.org
Tell Congress: Demand the resignation of Trump National Security Advisor Mike Waltz
Contact Congress today!
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Will Stancil @whstancil.bsky.social · 07/04/2025
So many hundreds of thousands of words of ink, so many countless hours wasted, explaining how this man was secretly savvy, and it turns out he’s just dumb as a rock, clueless about basic economics, and driven by a malicious paranoia that conniving foreigners are ripping us off
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Harry Litman @harrylitman.bsky.social · 07/04/2025
US asked Fourth Circuit to rule by 9 PM tonight- ie 4 hours ago--on its motion to reverse the district court's order to return Abrego Garcia to the US. No word yet. & of course, that means the order remains in effect. Do you think the US is moving mountains (or pebbles) to comply? Don't bet on it
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Just Jack @just-jack-1.bsky.social · 07/04/2025
The global stock markets have declared an unequivocal vote of no confidence in Donald Trump. It’s time for Congress to do the same.
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Charles Gaba ✡️ @charlesgaba.com · 07/04/2025
Reminder: All People Had To Do Was Fill In A Little Oval Next To The Smart Black Lady’s Name.
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Costa Samaras @costasamaras.com · 07/04/2025
Mike Johnson changed the House rules so that a vote for Congress to reclaim authority to do tariffs will never be scheduled, by declaring the rest of this Congressional term one single calendar day. www.wakeuptopolitics.com/p/house-quie.... He could fix all of this before the US markets open.
wakeuptopolitics.com
House Quietly Ducks Trump Tariff Vote
Congress forks over more power to the president.
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Wajahat Ali @wajali.bsky.social · 07/04/2025
Republican donors love money more than racism and fascism. They hate losing money more than anything. Donald Trump is now affecting their bottom line. It ain't going to be pretty.
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My Password is Louvre @bmceuen.bsky.social · 06/04/2025
There is absolutely no way the US can host the World Cup or the Olympics
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Jared Holt @jaredlholt.bsky.social · 07/04/2025
60 Minutes“could not find criminal records” for 75% of the 238 men the Trump admin sent to a Salvadoran prison. Of the 22% that had records, the “vast majority are for non-violent offenses.” Trump admin still insists they’re “terrorists.” www.cbsnews.com/news/what-re...
cbsnews.com
U.S. sent 238 migrants to Salvadoran mega-prison; documents indicate most have no apparent criminal records
The U.S. sent 238 Venezuelan migrants to a Salvadoran mega-prison. The Trump administration says they're all gang members, but 60 Minutes could find no criminal records for 75 percent of them.
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Tom Pepinsky @tompepinsky.com · 07/04/2025
So. I wrote a dissertation on how economic crises can lead to the breakdown of authoritarian regimes. Here are three key point to keep in mind as you watch the news this week 🧵
cambridge.org
Economic Crises and the Breakdown of Authoritarian Regimes
Cambridge Core - Asian Studies - Economic Crises and the Breakdown of Authoritarian Regimes
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MeidasTouch @meidastouch.com · 07/04/2025
6 months ago
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Radley Balko @radleybalko.bsky.social · 07/04/2025
One man just wiped out $10 trillion in wealth, is destroying centuries-old legal protections, and seems determined to unravel humanity’s greatest public health achievement. In 3 months. I don’t know how we get out of this. But if we do, one person can never have that kind of power again.
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Tea Pain @teapainusa.bsky.social · 07/04/2025
Japanese and Chinese markets are down 8% and 10% respectively. Black Friday in 1929 was -11%. Tomorrow could easily be the worst crash in American history. The worst thing? It’s 100% intentional.
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Susan Rinkunas @susanrinkunas.com · 07/04/2025
I would be making a big deal out of this if I were an elected Democrat
washingtonpost.com
NIH scientists have a cancer breakthrough. Layoffs are delaying it.
A big step forward in cancer therapy has been slowed by layoffs and new restrictions at the National Institutes of Health, where it was developed.
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Josh Marshall @joshtpm.bsky.social · 07/04/2025
This is a big deal. Spread the word. But it’s tiny compared to the totality of what’s happening at NIH. Cure Research for all cancers, Alzheimer’s, everything is being gutted. Intentionally. It’s all getting burned to the ground but the news isn’t getting out. The new cures won’t be there for you.
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Aaron Reichlin-Melnick @reichlinmelnick.bsky.social · 07/04/2025
If you are not furious at what our government did to these people, there’s something wrong with you.
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Cyril Mychalejko @cmychalejko.bsky.social · 07/04/2025
Saturday’s marchers did a great job in boiling the essence of the American Experiment hatched right here in Philadelphia down to just those two words: “No King,” writes @willbunch.bsky.social in the @inquirer.com. #HandsOff #Trump #NoKing
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emptywheel @emptywheel.bsky.social · 07/04/2025
As Trump tries to whip the world into loving tariffs, remember that he has stripped the security clearance from some people, like @adamkinzinger.bsky.social, three times. He has a real need to feel his orders have the immediate outcome he wants, obedience. Thus the call for European reparations?
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Will Bunch @willbunch.bsky.social · 07/04/2025
More on the good RFK www.nytimes.com/2018/04/16/o...
nytimes.com
Opinion | Why Robert Kennedy Went to Pine Ridge (Published 2018)
In the middle of his 1968 presidential campaign, he spent a day visiting an impoverished Indian reservation.
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Will Bunch @willbunch.bsky.social · 07/04/2025
RFK Sr., April 1968: Against the advice of his political advisers, the presidential candidate spent a day with Native Americans on the Pine Ridge Reservation in SD, vowing he would end poverty RFK Jr., April 2025: www.nytimes.com/2025/04/07/u...
nytimes.com
Kennedy’s Plan to Send Health Officials to ‘Indian Country’ Angers Native Leaders
Health Secretary Robert F. Kennedy Jr. says he is committed to improving the Indian Health Service. Native American leaders have doubts. “It’s shameful,” one said.
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emptywheel @emptywheel.bsky.social · 07/04/2025
There are 7 GOP co-sponsors to Grassley/Cantwell bill on tariffs. They need 6 more. Some obvious people, like Rand Paul, are missing. I can think of about 5 more GOPers who'd like to rein in Trump. www.washingtonpost.com/politics/202...
Trade Review Act of 2025
When it comes to the latest tariffs, the most striking response on the Hill has been the Trade Review Act, introduced Thursday by Sens. Maria Cantwell (D-Washington) and Chuck Grassley (R-Iowa). It would require Congress to approve all new tariffs within 60 days of the president issuing them.

It faces an uphill battle in the Senate, considering it needs 60 votes to pass. Thirteen Republicans would have to join all 47 members of the Democratic caucus to approve it.

Still, the legislation was up to seven GOP co-sponsors by Saturday: Grassley, as well as Sens. Susan Collins (Maine), Lisa Murkowski (Alaska), Thom Tillis (North Carolina), Todd Young (Indiana), Jerry Moran (Kansas) and Mitch McConnell (Kentucky).

“Usually, you don’t get a first introduction and get so many people on board, but I think it shows the anxiety that people have,” Cantwell said yesterday on “Face the Nation.” “I’m sure if they listen to their constituents [they’d support it]; consumer challenges are already starting to surface, and certainly the stock market’s impact on retirement income is shaking a lot of people.”
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emptywheel @emptywheel.bsky.social · 07/04/2025
The best government is one that is not afraid of taking credit as government for improving people's lives. Obama put up signs for stimulus projects, but Biden did not.
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