NEW: SCOTUS shoots down a federal judge's effort to protect 8 men from being expelled--without due process--to South Sudan [View all]
Mark Joseph Stern
@mjsdc.bsky.social
NEW: SCOTUS shoots down a federal judges effort to protect eight men from being expelledwithout due processto South Sudan, where they face torture and death.
Dissenting, Sotomayor says the courts indefensible decision makes it complicit in lawlessness.
https://www.supremecourt.gov/opinions/24pdf/24a1153_2co3.pdf

The eight men in this case are currently shackled in a shipping container (their makeshift jail) in Djibouti under U.S. custody. The Supreme Courts decision means the government can expel them to South Sudan, a country in which they have never stepped foot, where they may well be tortured to death.
Jackson joins Sotomayors dissent; Kagan does not. She says todays order is a proper application of an earlier decision allowing expulsions to third countries without due process (from which she dissented). This split between the liberals is becoming familiar.
NEW: SCOTUS shoots down a federal judgeâs effort to protect eight men from being expelledâwithout due processâto South Sudan, where they face torture and death.
Dissenting, Sotomayor says the courtâs âindefensibleâ decision makes it complicit in âlawlessness.â www.supremecourt.gov/opinions/24p...
— Mark Joseph Stern (@mjsdc.bsky.social) 2025-07-03T20:39:17.934Z
Justice Sotomayor: "Today's order clarifies only one thing: Other litigants must follow the rules, but the administration has the Supreme Court on speed dial."
— Joshua J. Friedman (@joshuajfriedman.com) 2025-07-03T20:51:58.666Z
Over dissents from Justices Sotomayor & Jackson (and a rare concurrence from Justice Kagan), #SCOTUS "clarifies" that its 6/23 ruling staying a district court's injunction against third-country removals *also* applies to the district court's later order requiring a remedy for those already removed:
— Steve Vladeck (@stevevladeck.bsky.social) 2025-07-03T20:30:54.775Z
Justice Sotomayor, dissenting from #SCOTUS's "clarification" of its unexplained June 23 stay in the D.V.D. case:
"The Courtâs continued refusal to justify its extraordinary decisions in this case, even as it faults lower courts for failing properly to divine their import, is indefensible."
— Steve Vladeck (@stevevladeck.bsky.social) 2025-07-03T20:35:05.188Z
"Todayâs order clarifies only one thing: Other litigants must follow the rules, but the administration has the Supreme Court on speed dial."
— Steve Vladeck (@stevevladeck.bsky.social) 2025-07-03T20:35:54.438Z
Sotomayor: âTodayâs order clarifies only one thing: Other litigants must follow the rules, but the administration has the Supreme Court on speed dial.â
— Matt Ford (@mford.bsky.social) 2025-07-03T20:48:45.597Z