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The 7-2 order was about procedure, not substance. The Court said the district judge picked the wrong tool when he demanded 14 days’ notice—it did NOT rule that
by willmarch 1y ago
The 7-2 order was about procedure, not substance. The Court said the district judge picked the wrong tool when he demanded 14 days’ notice—it did NOT rule that sending people to a war-torn state where they face torture is constitutional or consistent with our treaty obligations. Even the Founders distinguished between legal technicalities and natural-rights violations: an act can pass procedural muster and still be, in Madison’s words, ‘an abridgment of the rights of mankind.’ This deportation plan remains exactly that.
Response to your edit:
Emergency shadow-docket orders don’t confer moral or constitutional absolution; they just postpone the real fight. By the founders’ own logic, knowingly dumping people into a war zone where torture is likely remains a breach of the natural-rights compact—no matter how many procedural shortcuts the government wins in the meantime.