Has anyone found a good analysis of the law surrounding the Supreme Court’s decisions in Mullin v. Al Otro Lado or Mullin v. Doe? The media opinions I have read seem to focus on the policy rather than the law.
Has anyone found a good analysis of the law surrounding the Supreme Court’s decisions in Mullin v. Al Otro Lado or Mullin v. Doe? The media opinions I have read seem to focus on the policy rather than the law.
Amy Howe at Scotusblog.com is excellent.
Not much detail, but Prof. Adler wrote:
“Taken together, these [immigration] opinions show that the current Court is quite willing to embrace broad assertions of executive power over immigration policy, particularly given the expansiveness with which Congress has delegated such authority. It also shows the Court interpreting statutes narrowly, and without regard for broader policy considerations–considerations a majority of the justices believe are for Congress to resolve.
This string of immigration law victories is unlikely to extend to the birthright citizenship case, which should be decided next week.”
https://reason.com/volokh/2026/06/25/trump-administration-sweeps-all-of-the-other-immigration-cases-at-scotus/
The commenters I have read, including Howe above, note that Noem largely made the determination by herself that Haiti and Syria are now safe which per the law is necessary to reverse their TPS status. The actual emails to the State Department got a replay that said the the State Dept determined it would not be harmful to national policy if they were returned.
IOW, the court is leaving it to the executive branch to determine if they have met the law in determining the safety clause. With the evidence I have seen they really made no effort to determine safety which seems odd to me as I am sure they could have had some govt agencies write up something saying it was safe enough. At any rate, the court said Congress could address the issue when in reality Congress cant and wont. Our system is broken. Congress will not set limits on a POTUS of their own power. SCOTUS wont act to judge the activities of a POTUS from its own party. We really have a strong man government.
Steve