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    Not entirely parody. David Wallace complains that the Chinese Room Argument has been much criticised. My rejoinder: So what? Every…

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Conservatives who believe in the rule of law, 4th Circuit edition

Excellent opinion written by Judge Wilkinson (a Reagan appointee) regarding the wrongful deportation of a Maryland man to El Salvador:

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….

“Facilitation” [as the Supreme Court required the government to do] does not permit the admittedly erroneous deportation of an individual to the one country’s prisons that the withholding order forbids and, further, to do so in disregard of a court order that the government not so subtly spurns. “Facilitation” does not sanction the abrogation of habeas corpus through the transfer of custody to foreign detention centers in the manner attempted here. Allowing all this would “facilitate” foreign detention more than it would domestic return. It would reduce the rule of law to lawlessness and tarnish the very values for which Americans of diverse views and persuasions have always stood.

The battle for basic freedom and the rule of law is just being "joined" now by the courts, with two district courts laying the foundations for holding govenrment lawyers and officials in contempt and imposing sanctions.  The Supreme Court in the wee hours of Saturday morning also blocked the deportation of more Venezuelans without due process.  (Justices Alito and Thomas, who have almost never met an exericse of executive power they disapproved of, dissented [see Professor Dorf's comments]; but the three justices Trump appointed–Barrett, Gorsuch, and Kavanaugh–all joined the majority in issuing this unusual order, one that reflects the awareness of the normal justices that they are not dealing with a normal or law-abiding executive.)

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