Shortly before 1 a.m. on Saturday, the Supreme Court issued an emergency order halting the Trump administration’s reported efforts to fly Venezuelan migrants to an El Salvador prison before they could challenge their deportation. The court’s late-night intervention is an extraordinary and highly unusual rebuke to the government, one that may well mark a turning point in the majority’s approach to this administration.
For months, SCOTUS has given the government every benefit of the doubt, accepting the Justice Department’s dubious assertions and awarding Trump immense deference. On Saturday, however, a majority of justices signaled that they no longer trust the administration to comply with the law, including the court’s own rulings. If that is indeed the case, we are likely careening toward a head-on conflict between the president and the court, with foundational principles of constitutional democracy hanging in the balance.