Another day, another shadow docket compromise. This evening, the Court issued a short three paragraph per curiam opinion in Noem v. Garcia. In short, the Court found that that the District Court could not order the Executive Branch to negotiate the return of Garcia, but instead could only require the government "facilitate" Garcia's return. This outcome was entirely predictable. On Monday, I wrote:
I think the most likely outcome is that Roberts follows the lead of Judge J. Harvie Wilkinson on the Fourth Circuit: deny the application, but "clarify" that the District Court can only require the President to "facilitate" the return of the alien.
The Chief Justice (almost certainly) wrote the per curiam order, which states:
