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In reply to the discussion: Chief Justice Roberts pauses deadline for return of Maryland man mistakenly deported to El Salvador [View all]bucolic_frolic
(53,829 posts)The courts order his return. That pressures the government to use diplomatic influence, pressure, or any other negotiating tactic at their disposal. They have established and ongoing rapport with the government currently holding the detainee. This most likely gets resolved if everyone does their job. SCOTUS casting this however they're going to frame it - executive privilege, diplomacy, unitary executive, DOJ prerogative - makes no difference. These are rights of every citizen and non-citizen. Habeas corpus. Bill of Rights level stuff, the foundations of the social contract. Citizens give up their rights to the state which agrees to protect everyone - citizens, non-citizens, foreigners, visitors, those charged, those in jail for that matter. Roberts Court is insane.