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Justice Sotomayor Endorses a Judicial Mutiny

Justice Sotomayor Endorses a Judicial Mutiny

Are lower courts obliged to heed rulings from the Supreme Court? The answer seems obvious, but not to some judges and apparently not to two members of the Supreme Court. That's the news in Thursday's 7-2 Court rebuke to a federal judge who failed to heed its earlier stay on his preliminary injunction.
On June 23 the Supreme Court stayed federal Judge Brian Murphy's April 18 injunction on the Trump Administration's plan to deport to South Sudan eight men convicted of violent crimes. The order lets the Administration resume sending illegal migrants to countries other than their own, pending appeal on the legal merits to the First Circuit Court of Appeals.
A few hours later Judge Murphy announced the eight men were still protected from removal by an order he issued modifying the original injunction. The men are currently held at a military base in Djibouti. The order 'remains in full force and effect notwithstanding today's stay of the preliminary injunction,' Judge Murphy said.
That sure looks like willful resistance to a Supreme Court order, and the Administration sought a 'clarification' from the Justices. On Thursday they left no doubt. 'Our June 23 order stayed the April 18 preliminary injunction in full,' the Court said in an unsigned order. 'The May 21 remedial order [by Judge Murphy] cannot now be used to enforce an injunction that our stay rendered unenforceable.'
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