John Roberts has given us his loophole, now let us exploit it

The equivocal backup the Roberts Court gave to Judge Xinis has, predictably, done nothing to affect the Trump administration’s total defiance of the law:

Judge Xinis: Contrary to what the government put in its briefing, there is no need for further briefing. Now I need to know if the defendants are willing to answer my three questions I've asked…wanna go one by one— Anna Bower (@annabower.bsky.social) April 11, 2025 at 10:02 AM

Let's start with number one. Why did defendants not comply with order and give me someone with personal knowledge about Mr. Abrego Garcia's current location/status? Ensign: We've said what we can say…. Judge: What info do you have? Ensign: I do not have that info— Anna Bower (@annabower.bsky.social) April 11, 2025 at 10:04 AM

So the government is going on record saying no info on his whereabouts? Ensign: I'm saying I don't have that info as an officer of the court, clients have not provided that info to me as of today,,, Xinis: It's quite basic information. I'm asking a very simple question: Where is he?— Anna Bower (@annabower.bsky.social) April 11, 2025 at 10:05 AM

Judge moves on to next question: What steps has the government taken thus far to facilitate return? Notes there was a period of several days in which her order to return him was in effect. What have the defendants done? Ensign: Not prepared to share that info, still evaluating what can share— Anna Bower (@annabower.bsky.social) April 11, 2025 at 10:08 AM

Xinis: Ok, so they've done nothing? This is a yes or no question. This is a direct question that is yes or no. I'm not asking what yet…just WAS THERE anything done to facilitate return? Ensign: I'm unable to answer, don't have knowledge of that— Anna Bower (@annabower.bsky.social) April 11, 2025 at 10:09 AM

Ensign: Due regard for the executive means at a minimum you are required to hear from executive in a written brief before any order could become effective again Judge says no, that's not right, basically. "We're not gonna slow walk this," she says. "We're not re-litigating what SCOTUS put to bed."— Anna Bower (@annabower.bsky.social) April 11, 2025 at 10:16 AM

Judge: I don't understand why these questions can't be answered today. But maybe you can answer them for me by 5 pm tomorrow. And we'll go ahead and set a follow up hearing for the day after government files the declaration I previously requested— Anna Bower (@annabower.bsky.social) April 11, 2025 at 10:25 AM

Ensign repeats that deadlines are impracticable but that they intend to comply w/ SCOTUS order. And that's it. Hearing over. Judge will enter written order in due course.— Anna Bower (@annabower.bsky.social) April 11, 2025 at 10:26 AM

So just open defiance of the court — we’ll see what remedies Xinis can apply and whether the Supreme Court will offer some real backup.