‘Shocking to the sense of liberty Americans hold dear’: the impassioned US court order in the Ábrego García case

Judges on the US court of appeals for the fourth circuit issued a memorable call for the return of Kilmar Abrego Garcia and the separation of government powers. Here is the text

Upon review of the government's motion, the court denies the motion for an emergency stay pending appeal and for a writ of mandamus. The relief the government is requesting is both extraordinary and premature. While we fully respect the Executive's robust assertion of its Article II powers, we shall not micromanage the efforts of a fine district judge attempting to implement the Supreme Court's recent decision.

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. Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done.

This was excerpted from the order by the US court of appeals for the fourth circuit in Kilmar Abrego Garcia v Kristi Noem. It has been edited to remove some legal citations