10 July 2025
Judicial Acquiescence to Presidential Immigration
Mahmoud Khalil, Kilmar Ábrego García, and Rumeysa Ozturk are just a few of the people against whom the second Trump Administration has openly engaged in alarming forms of immigration enforcement. There is an underappreciated way in which the Supreme Court has defanged the judiciary’s systemic ability to confront the executive branch’s illegal immigration behavior: It has failed to draw on U.S. administrative law. In doing so, it has diminished a vital structural judicial check on presidential power – one that lower courts, and even a future Supreme Court, may find increasingly difficult to deploy. Continue reading >>
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30 April 2025