'Extremely remarkable': Experts stunned by court's 'striking' ruling against Trump
Legal analysts are celebrating after the Fourth Circuit Court of Appeals denied the Trump administration's request over a judge's definition of "facilitate."
Last week, the U.S. Supreme Court ruled 9-0 that the government must "facilitate" the return of Kilmar Ábrego García, a Maryland apprentice who came to the United States as a teenager 15 years ago. A judge ruled that García could be deported, but not to El Salvador. García was sent to the prison there anyway, due to what the Justice Department lawyers called a "clerical error."
Judge J. Harvie Wilkinson joined with two other judges in a decision that not only ruled against the Trump administration but chastized it as well. The dressing down, along with the conservative slant of the principal author of the ruling, inspired legal and political analysts to quote and comment on pieces of the decision.
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Immigration Council senior fellow Aaron Reichlin-Melnick noted of the decision, "Reagan appointee Wilkinson writes that the Trump admin's position is 'shocking not only to judges, but to the intuitive sense of liberty that Americans ... still hold dear.'"
Politico's political columnist Jonathan Martin reposted the comment, adding, "J. Harvie, nobody’s idea of a liberal."
However, his colleague, Ben Jacobs, joked, "Can't spell Woke without 'J. Harvie Wilkinson.'"
Lawyer Max Kennerly also pointed out the conservative leanings of Judge Wilkinson. He warned that the judge's ruling serves as "both an admonition and a dire warning."
Lawfare's Anna Bower posted a thread on Bluesky highlighting some of the quotes from the order. She remarked, "I have so much adrenaline and anxiety after reading this that I feel like I need to go run a half marathon or something. Whew, what an opinion."
CBS News justice correspondent Scott MacFarlane commented that the ruling had "Striking language ... from appeals court, rejecting Justice Dept argument to pause court order in Kilmar Ábrego García case."
MacFarlane cited an excerpt of the ruling. "It is difficult in some cases to get to the very heart of the matter. But in this case, it is not hard at all. The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order," the ruling said.
"We yet cling to the hope that it is not naïve to believe our good brethren in the Executive Branch perceive the rule of law as vital to the American ethos. This case presents their unique chance to vindicate that value and to summon the best that is," it continued.
"And HEREIN lies the concern: If the Trump Administration can do this to Kilmar Abrego Garcia, what makes you think they won't do it to American citizens?" wrote MSNBC host Katie Phang.
Civil rights lawyer Athul K. Acharya pointed to the same comments from the judge.
"It is extremely remarkable that a judge as conservative as Wilkinson would suggest that a Republican administration might persecute its political enemies," said Acharya on Bluesky.