Well — tonight may come and go — without an order from the Supremes for Mr. Abrego Garcia to get on a US-chartered plane and come home, from El Salvador. But make no mistake: the unanimous Alien Enemies Act decision yesterday (i.e., on the putative Venezuelans’ right to due process) has now made it iron clad, that Justice Roberts must order Mr. Garcia flown home.

This is very well-put in that it makes it clear that Kristi Noem has been telling varying lies, right along, since the go in this case:

…J.G.G.’s [in the Venezuelans’ cases] due process holding supports Abrego Garcia’s position that the Government violated his due process rights by removing him to El Salvador.

The [Supreme] Court’s unanimous insistence on due process and on the availability of judicial review to secure due process underscores that Abrego Garcia — who was removed without reasonable notice or an opportunity to challenge his removal before it occurred, and in conceded violation of a court order prohibiting his removal to that country — must have a remedy for this constitutional violation.

The Government now alleges that Abrego Garcia is a member of MS-13, an allegation that the Fourth Circuit deemed “unsupported — and then abandoned.” Abrego Garcia v. Noem, 2025 WL 1021113, at *5 (4th Cir. Apr. 7, 2025) (Thacker, J., with King, J., concurring). Indeed because Abrego Garcia was deprived of any judicial review whatsoever, he had no opportunity to even respond to prove that he is not a member of MS-13…

So, again — we wait. And a man’s very life… hangs in the balance, Chief. Get it together, and get it done.

नमस्ते

UPDATED @ 5 PM EDT: Mr. Garcia’s lawyer has answered a full 24 hours early, and within minutes of the Chief’s largely showy order. Here it is, and it is a banger! End update, but this puts the pressure back on Justice Roberts: if this man is hurt or killed — because Roberts decides to watch the March Madness Final tonight, rather than authoring a very clear opinion before midnight — that will be his to explain in front of St. Pete, at the gates (assuming he ever makes it that far).

We must remark: here the ultimate outcome is not going to be in any serious doubt — Noem MUST have this man returned — and tout de suite.

Unless… of course, he dies in Salvadoran captivity, first. The Chief Justice might want to bear that in mind: all who’ve looked at it agree — Noem had no right to do this. And he is in peril. No one has been able to speak to him since he left Texas, over a week ago, for El Salvador. Not his family; not his lawyers. John Roberts is personally gambling with this man’s life — for no real point or purpose. Here’s the latest:

…UPON CONSIDERATION of the application of counsel for the applicants….

IT IS ORDERED that the April 4, 2025 order of the United States District Court for the District of Maryland, case No. 8:25-cv-951, is hereby stayed pending further order of the undersigned or of the Court. It is further ordered that a response to the application be filed on or before Tuesday, April 8th, 2025, by 5 p.m. (EDT)….

Stay tuned. Disappointing, but onward resolutely, just the same. Justice will come.

नमस्ते