Confused about the meaning of the unanimous Supreme Court order issued late yesterday? I certainly wonder what an order to “facilitate” an action without “effectuating” it means. John Sexton seemed similarly nonplussed about it last night.
So it comes with some sense of relief to discover that the demand to facilitate the return of a deported illegal immigrant has a constitutional law expert like Jonathan Turley scratching his head, too. What, he wonders, is a writ of “facilitation”?
Turley centers on the key part of the unsigned per curiam order, emphasis his:
The application is granted in part and denied in part, subject to the direction of this order. Due to the administrative stay issued by THE CHIEF JUSTICE, the deadline imposed by the District Court has now passed. To that extent, the Government’s emergency application is effectively granted in…
