'Definitely coming back': Analyst predicts 'forceful' Supreme Court response to Trump
April 16, 2025
The U.S. Supreme Court might have a stronger response to the Trump administration if a case reaches them again involving a man who was mistakenly deported to an El Salvador prison, according to CNN's Joan Biskupic.
A federal judge has ordered testimony from administration officials about efforts to return Kilmar Armando Abrego Garcia, which the Supreme Court ruled 9-0 they must facilitate, and CNN's court analyst broke down what might come next in the high-stakes saga.
"They're definitely trying to avoid a confrontation," Biskupic said. "Let me draw a distinction between what chief justice John Roberts and the majority in this case did, compared to what lower court judges have done specifically, a man you remember from all your coverage of Washington, Jay Wilkinson, who's a Reagan appointee on the appellate court that looked at this case. Also, he's very conservative himself. He even had a distinction between 'facilitate' and 'effectuate,' in his opinion. But he said specifically, the government screwed up here, the government should fix this."
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"The government shouldn't just give no answers, and he and other lower court judges, including judge Paula Xinis, who is handling this now, all expressed a sense of outrage that this supreme court majority didn't put forth," Biskupic added. "So I think it was an invitation to the administration to go as narrowly as it did, and there's a chance that this will come back up to the Supreme Court."
If the case does come back before the Supreme Court, she said the justices might be more forceful.
"When justice [Sonia] Sotomayor broke off from what the majority did last time and she said he has been in this terrible prison for 26 days and counting, and now it's 32 days and counting, and then we're going to have two more weeks," Biskupic said. "So here he is, he is in this terrible situation, wrongfully deported, so who knows what's going to happen in coming weeks in terms of what the district court judge will get and what will happen. But that's why I don't want to predict that."
"It's definitely coming back to the Supreme Court," she added, "but there's a strong chance, and I think if it comes back, the justices may try to clarify and perhaps even be more forceful in what they write this time."
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