Summary
First, it acted with startling speed—so quickly, in fact, that it published the order before Alito could finish writing his dissent; he was forced to note only that a “statement” would “follow.”
Relatedly, awkward phrasing in court’s order may imply that Alito—who first received the plaintiffs’ request—failed to refer it to the full court, as is custom, compelling the other justices to rip the case away from him.
Second, it is plain as day that the Supreme Court simply did not trust the Trump administration’s claims that it would not deport migrants over the weekend without due process.
Finally, and perhaps most obviously, it’s critical that only Thomas and Alito noted their dissents. When the court takes emergency action, justices don’t have to note their votes, but they usually do; we can probably assume that this order was 7–2. That would mean that Chief Justice John Roberts—along Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—joined this rebuke to the Trump administration.
You’d think this would escalate things rather than be an actual way to avoid repercussions. Would the same breakdown in law apply if a domestic abuse victim got a restraining order in the Southern District and then their abuser approached them in the Northern District?
It’s like your mom said you can’t spend the night at a friend’s house, so you don’t tell her and spend the night at a different friend’s house.
It’s pretty much the same strategy Trump used to avoid serious penalties from his New York cases: just move to Florida.
That’s where the constitutional crisis comes in because they aren’t listening to court orders. The ones who’d enforce a court order are the ones defying it. “Who watches the watchers?”