High Administration figures admitted that it had wrongly deported a permanent resdient alien - Garcia.
But that prompted neither Donald Trunp nor Salvadoran President Bukele to arrange for his return to the United States. The United States Supreme Clourt has ordered the Administration to "facilitate" his return. Senator Chris Holland has gone to El Salvador but returned empty handed.
Noem V. Garcia - Supreme Court - dissent
Garcia v. Noem - 4th Circuit
J. Harvie Wilkinson III, like Learned Hand, and John Minor Wisdom has a name that suggests their mother has the bench in mind for her child at birth.
Nominated by Ronald Reagan, he has spent forty years in Richmond, VA as a judge of the United States Court of Appeals for the 4th Circuit. A conservative Republican and Vietnam veteran, he served as Senior Judge from 1996-2003. But what we demand via the rule of law is fealty to the law's commands - though, of course, sometimes that is unclear. As Benjamin Cardozo in The Nature of the Judicial Process :
A judge “legislates only between gaps. He fills the open spaces in the law. . . [R]estrictions . . . are established by the traditions of the centuries, by the example of other judges, his predecessors, and his colleagues, by the collective judgment of the profession, and by the duty of adherence to the pervading spirit of the law.”
As the courts have strained to adhere to those principles they have been confronted by Donald Trump's Executive Orders, and bristling attitude when a judge disagrees with him. This is the case particularly in Trump's invocation of the 1789 Alien Enemies Act to justify his deportation of aliens to a notrious Salvadorqan prison. But even in the case of admited mistkae
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