254. Four Things That (Really) Bother Me About “D.V.D. III”

Key Points:

• The author expresses deep concern about the Supreme Court's handling of the D.V.D. v. Department of Homeland Security case, which involves the Trump administration's practice of removing deportable noncitizens to third countries without proper legal review of potential torture risks.
• The Court granted emergency relief allowing these removals to resume without explanation, despite lower courts ruling that individuals must have the opportunity to challenge their removal on the grounds of facing torture or unlawful conditions.
• The author criticizes the Court for failing to explain its decision, mishandling the balance of equities, and oddly inviting the Solicitor General to propose questions for review, suggesting procedural irregularities.
• The decision has been misrepresented on social media by some right-wing lawyers, who downplay the serious legal and humanitarian issues involved in third-country removals, falsely equating this case with unrelated legal disputes.
• The author promises a return to regular Supreme Court coverage soon, highlighting the ongoing significance and controversy surrounding this case.