Two of Donald Trump’s key campaign issues — the Supreme Court and immigration — have just collided in an unusual move by the judicial branch of government.
As if in anticipation of Trump’s assumption of power in January, the Court has issued what is being called “a highly unusual order in a pending immigration case.”
Cristian Farias reports for the Huffington Post:
The court heard the case ― a class-action challenge brought by thousands of immigrants, many of whom are in the U.S. legally, who were kept in detention without a real opportunity to vouch for their release in front of a judge ― last month, and the justices appeared deeply torn over how to rule. (…)
The new order asks lawyers for the federal government and the American Civil Liberties Union to file a new round of legal briefs addressing whether the Constitution would require a hearing in front of a judge ― or even a release, if the government fails to present strong enough evidence that the person shouldn’t be released ― if a detention lasted six months. (…)
[T]he justices may be signaling a desire to not split 4-to-4 in a case that could directly implicate the authority of the incoming Trump administration in an area that was a linchpin in the president-elect’s campaign.
It’s probably foolish to try to read the minds of these justices; we simply don’t have access to all the information they do, and obviously we aren’t privy to their thought processes.
However, it is hard not to conclude that this immigration case, of all the ones on their docket, is being singled out for special attention due to president-elect Trump’s stringent immigration stance.
Source: Huffington Post