Moot, Wrong, and Irrelevant
The shadow docket strikes once again! We break down the Court's unusual immigration ruling in AARP v. Trump (no, not that AARP!), and then briefly discuss the much-heralded ERISA case (Cunningham v. Cornell). But first we discuss some blog news, some SCOTUS news, and some SCOTUSblog news.
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Transcript
Will: Maybe it depends on the harmless error standard is actually an interesting question. So, as Judge Wilkinson said, the last time the Fourth Circuit got [unintelligible Abrego Garcia, the government says that he's going to be ineligible anyway. It doesn't matter. Maybe, but maybe not. The evidence we have of his membership in MS-13 is somewhat thin and more importantly six years old. I think the question is whether he is currently a member of a foreign terrorist organization. I just don't think we know. And so, I guess if you thought that he had to prove the error was harmful beyond some standard, like we do in some contexts, maybe that's an interesting question.