The Supreme Court on Thursday said President Donald Trump’s administration must facilitate the return of Kilmar Abrego Garcia, a Maryland man who was mistakenly deported to El Salvador, rejecting the administration’s emergency appeal

The administration claims Abrego Garcia is a member of the MS-13 gang, though his attorneys said there is no evidence he was in the gang, and he has never been charged with or convicted of a crime.

The administration has conceded that it made a mistake in sending him to El Salvador, where he is being held in a notorious prison, but also argued that it no longer could do anything about it.

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    2 days ago

    It sounds like Jackson didn’t refuse to perform any enforcement of SCOTUS decisions. Rather, he observed that Georgia — which was the entity supposed to do so, wasn’t likely to do so. Georgia ultimately did back down.

    https://en.wikipedia.org/wiki/Worcester_v._Georgia

    Worcester v. Georgia, 31 U.S. (6 Pet.) 515 (1832), was a landmark case in which the United States Supreme Court vacated the conviction of Samuel Worcester and held that the Georgia criminal statute that prohibited non-Native Americans from being present on Native American lands without a license from the state was unconstitutional.

    In a popular quotation that is believed to be apocryphal, President Andrew Jackson reportedly responded: “John Marshall has made his decision; now let him enforce it!”[7][8] This quotation first appeared twenty years after Jackson’s death in newspaper publisher Horace Greeley’s 1865 history of the U.S. Civil War, The American Conflict.[8] It was reported in the press in March 1832 that Jackson was unlikely to aid in carrying out the court’s decision if his assistance were to be requested.[9] In an April 1832 letter to John Coffee, Jackson wrote that “the decision of the Supreme Court has fell still born, and they find that they cannot coerce Georgia to yield to its mandate.”[7][10] In a letter in March 1832, Virginia politician David Campbell reported a private conversation in which Jackson had “sportively” suggested calling on the Massachusetts state militia to enforce the order if the Supreme Court requested he intervene, because Jackson believed Northern partisans had brought about the court’s ruling.[10]

    The Court did not ask federal marshals to carry out the decision.[11] Worcester thus imposed no obligations on Jackson; there was nothing for him to enforce,[12][13] although Jackson’s political enemies conspired to find evidence, to be used in the forthcoming political election, to claim that he would refuse to enforce the Worcester decision.

    Eighteen days later, on November 24, the state of South Carolina issued an Ordinance of Nullification, a separate and unrelated attempt by a state to defy federal authority.[18] This began a series of events known as the Nullification Crisis. In an effort to isolate Georgia from South Carolina, the Jackson administration changed course in their approach to the Worcester decision.

    On December 22, Georgia repealed the law under which Worcester and Butler were imprisoned, allowing them to petition for a pardon without having to take an oath to leave the state of Georgia or Cherokee land.[27] On January 8, 1833, the missionaries petitioned for their pardon, but it did not contain an admission they had broken state law, and Lumpkin believed its wording was insulting to the state of Georgia. Representatives for both sides negotiated for a new letter to be drafted by the missionaries, which was delivered to Lumpkin the following day. In the final letter, Worcester and Butler appealed to the “magnanimity of the State” of Georgia to end their prison sentences.[28] On January 14, Lumpkin issued a general proclamation,[29] not a formal pardon.[30] Worcester and Butler were freed from prison.[31]