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Rooster's avatar

This is probably an ignorant question. But I’m ignorant. And so… Can the Supreme Court judicial review itself? Or is it now up to Congress? This decision has got to be up there with Dredd Scott in terms of all-time f*ck ups, right? I mean, how is this not human trafficking? They’re being sent to El Salvador quite literally to be used by the State as slave labor. I don’t know Tom; I’m so vexed.

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Tom Cadwallader's avatar

The Supreme Court can review the decision of the lower court who issued the TRO and ordered the planes returned to the U.S., and of the admins who ignored those orders. SCOTUS itself is not subject to review (but they do change their mind, from time to time.)

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Rooster's avatar

So did it take the 14th Amendment to “overturn” Dredd Scott? If that hadn’t happened, would Dredd Scott just be the law of the land and that’s that?

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Tom Cadwallader's avatar

Dred Scott is widely considered to be one of the worst Supreme Court rulings ever, for a variety of reasons. And yes, the impetus to overturn Dred Scott following the civil war led to the 13th & 14th Amendments. If the Confederacy had won, then Dred Scott probably would continue to prevail - at least, in the Confederate states.

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