Amicus With Dahlia Lithwick | Law, justice, and the courts

Playing Chicken With the Constitution

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Apr 19, 2025
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INSIGHT

Administration's Absurd Legal Definition

  • The Trump administration redefined the Constitutional order by claiming "facilitate" means merely removing non-existent obstacles rather than actively returning the detained man.
  • This creative legal argument absurdly tried to avoid compliance with a court mandate to bring Abrego Garcia back from El Salvador.
INSIGHT

Fourth Circuit Condemns Executive Overreach

  • The Fourth Circuit boldly called out executive overreach in rendition flights to El Salvador, a move the Supreme Court avoided.
  • Judge Wilkinson emphasized that executive power has limits and must honor due process and court orders.
ADVICE

Use Public Pressure To Influence Detentions

  • Public pressure can influence foreign authorities to improve detained individuals' conditions or status.
  • The visit of Senator Van Hollen to El Salvador demonstrated that diplomatic efforts can yield concrete access and information.
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