I’m grateful today for the Judiciary Branch, which is basically the only official thing holding democracy together right now, the only element consistently saying “no” to the Kleptocrat. I don’t know how much longer they can keep it up, but they’re giving us space and time to get our resistance act together, for which I am very thankful.
Two things in particular happened last week:
In response to the administration’s request for a stay of
the lower court’s order to return Kilmar Abrego García from the El Salvadoran
prison to which he had been illegally deported, the Fourth Circuit panel ruled
(even before Abrego García’s attorneys could file their response) that the
government needs to pull its finger out and bring the man back.
It’s not only the fact of the ruling, it’s what Judge J.
Harvie Wilkerson wrote that’s so breathtaking. (Full order here.)
I quote:
“Upon review of the government’s motion, the court denies
the motion for an emergency stay pending appeal and for a writ of mandamus. The
relief the government is requesting is both extraordinary and premature.
“While we fully respect the executive’s robust assertion of
its Article II powers, we shall not micromanage the efforts of a fine district
judge attempting to implement the Supreme Court’s recent decision. It is
difficult, in some cases, to get to the very heart of the matter—but in this
case, it is not hard at all.
“The government is asserting a right to stash away
residents of this country in foreign prisons without the semblance of due
process that is the foundation of our constitutional order. Further, it claims,
in essence, that because it has rid itself of custody, that there is nothing
that can be done. This should be shocking not only to judges but to the
intuitive sense of liberty that Americans far removed from courthouses still
hold dear.
“The government asserts that Abrego Garcia is a terrorist
and a member of MS-13. Perhaps. Perhaps not. Regardless, he is still entitled
to due process. If the government is confident of its position, it should be
assured that that position will prevail in proceedings to terminate the
withholding of removal order. In other words, if it thinks it’s got such good
factual proof of that, what is it so worried about? It can present it, and it
should prevail in getting him removed from this country.
“Moreover, the government has conceded that Abrego Garcia
was wrongfully or mistakenly deported. Why then should it not make what was
wrong right?
“Let me just repeat that. Why then should it not make what
was wrong right?”
And:
“The executive possesses enormous powers to prosecute and
to deport. But with powers come restraints.
“If today the executive claims the right to deport without
due process and in disregard of court orders, what assurance will there be
tomorrow that it will not deport American citizens and then disclaim
responsibility to bring them home? And what assurance shall there be that the
executive will not train its broad discretionary powers upon its political
enemies? That threat—even if not the actuality—would always be present.
“And the executive’s obligation to ‘take care that the laws
be faithfully executed’—that’s a quote from the Constitution, Article II—would
lose its meaning.
“Today, both the United States and the El Salvadoran
government disclaim any authority and/or responsibility to return Abrego
Garcia. We are told that neither government has the power to act. That result
will be to leave matters generally—and Abrego Garcia specifically—in an
interminable limbo without recourse to law of any sort.
“The basic differences between the branches mandate a
serious effort and mutual respect. The respect that courts must accord the
executive must be reciprocated by the executive’s respect for the courts.
“Too often today, this has not been the case—as calls for
impeachment of judges for decisions the executive disfavors and exhortations to
disregard court orders sadly illustrate.”
And, pointedly:
“It is, as we have noted, all too possible to see in this
case an incipient crisis, but it may present an opportunity as well. We yet
cling to the hope that it is not naïve to believe our good brethren in the
Executive Branch perceive the rule of law as vital to the American ethos. This
case presents their unique chance to vindicate that value and to summon the best
that is within us while there is still time.”
That is one beautiful piece of writing and I bow down
before it.
My second cause is surprisingly from SCOTUS, which very
early Saturday morning blocked, pending further order of the court, the
administration from deporting any more Venezuelan immigrants from Texas. ICE
was even at that moment sending buses full of said immigrants (alleged gang
members, but without benefit of due process) to an airport to fly them away,
and the buses literally turned around and returned the men to a detainment
center.
Naturally, Alito and Thomas dissented, but it’s a remarkable thing that Roberts not only got the decision through, but so fast. (It's nowhere near as elegant as Wilkerson's, of course.)
These are both amazing things, and they fill my heart with
thanks.
I know we’ve already
had e.e. cummings before this month, but
I’m always grateful for him, and this is a poem about gratitude:
i thank You God for most this amazing
day:for the leaping greenly spirits of trees
and a blue true dream of sky;and for everything
which is natural which is infinite which is yes
(i who have died am alive again today,
and this is the sun's birthday; this is the birth
day of life and love and wings and of the gay
great happening illimitably earth)
how should tasting touching hearing seeing
breathing any-lifted from the no
of all nothing-human merely being
doubt unimaginable You?
(now the ears of my ears awake
and
now the eyes of my eyes are opened)
©2025 Bas Bleu