Adam Liptak for the NYT:
The Trump administration’s compliance with court orders started with foot-dragging, moved to semantic gymnastics and has now arrived at the cusp of outright defiance.
Large swaths of President Trump’s agenda have been tied up in court, challenged in scores of lawsuits. The administration has frozen money that the courts have ordered it to spend. It has blocked The Associated Press from the White House press pool despite a court order saying that the news organization be allowed to participate. And it ignored a judge’s instruction to return planes carrying Venezuelan immigrants bound for a notorious prison in El Salvador.
But Exhibit A in what legal scholars say is a deeply worrisome and escalating trend is the administration’s combative response to the Supreme Court’s ruling last week in the case of a Salvadoran immigrant. The administration deported the immigrant, Kilmar Armando Abrego Garcia, to El Salvador despite a 2019 ruling from an immigration judge specifically and directly prohibiting that very thing.
Until recently, none of this was in dispute. “The United States acknowledges that Abrego Garcia was subject to a withholding order forbidding his removal to El Salvador, and that the removal to El Salvador was therefore illegal,” the Supreme Court said on Thursday in an unsigned and to all appearances unanimous order.
The justices upheld a part of an order from Judge Paula Xinis of the Federal District Court in Maryland that had required the government to “facilitate” Mr. Abrego Garcia’s return. He had by then been held for almost a month in one of the most squalid and dangerous prisons on earth.
The administration’s response has been to quibble, stall and ignore requests for information from Judge Xinis. In an Oval Office meeting on Monday between Mr. Trump and President Nayib Bukele of El Salvador, both men made plain that they had no intention of returning Mr. Abrego Garcia to the United States.
In remarks in the Oval Office and on television, Stephen Miller, Mr. Trump’s top domestic policy adviser, said the administration’s earlier concessions, made by several officials and in a Supreme Court filing, were themselves mistaken, the work of a rogue lawyer. He added that the Supreme Court had unanimously endorsed the administration’s position that judges may not meddle in foreign policy.
Ed Whelan, a conservative legal commentator, said that was a misreading of the ruling.
“The administration is clearly acting in bad faith,” he said. “The Supreme Court and the district court have properly given it the freedom to select the means by which it will undertake to ensure Abrego Garcia’s return. The administration is abusing that freedom by doing basically nothing.”…