The Supreme Court earlier this week stayed a district court’s order blocking the Trump administration from deporting illegal aliens to countries that are not the home countries of those illegal aliens. The activist Justices on the Court demurred. The Court’s stay does not address the underlying case; it merely allows the administration to proceed while that case makes its way through our court system. It’s the nature of their demurral that’s instructive here, though.
Justice Sonia Sotomayor wrote for the dissenters,
Apparently, the Court finds the idea that thousands will suffer violence in far-flung locales more palatable than the remote possibility that a District Court exceeded its remedial powers when it ordered the Government to provide notice and process to which the plaintiffs are constitutionally and statutorily entitled[.]
This over-the-top manufactured hysteria by the activist Justices does the Court no good at all. In an environment where many begin to question the legitimacy of the Court, Sotomayor’s excessive hype is the sort of thing fueling that question.