Summary
First, it acted with startling speed—so quickly, in fact, that it published the order before Alito could finish writing his dissent; he was forced to note only that a “statement” would “follow.”
Relatedly, awkward phrasing in court’s order may imply that Alito—who first received the plaintiffs’ request—failed to refer it to the full court, as is custom, compelling the other justices to rip the case away from him.
Second, it is plain as day that the Supreme Court simply did not trust the Trump administration’s claims that it would not deport migrants over the weekend without due process.
Finally, and perhaps most obviously, it’s critical that only Thomas and Alito noted their dissents. When the court takes emergency action, justices don’t have to note their votes, but they usually do; we can probably assume that this order was 7–2. That would mean that Chief Justice John Roberts—along Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—joined this rebuke to the Trump administration.
Years ago, I was calling out the Bush administration for following the Nazi playbook, and was constantly berated and insulted, and slapped with “Godwin’s Law,” which has been sufficiently proven to be Nazi counter-propaganda designed to silence critics, while the inexorable crawl to Nazism continued.
Hell, even Godwin came out and said “Oh yeah, these guys are totally acting like Nazis. Go ahead and compare them.”
Everyboy immediately thinks of the Holocaust, that’s why. The US isn’t quite there - yet. All the more reason to point out the similarities to the beginnings.
I think Godwin’s law was meant for like arguing about tabs vs spaces, or other low stakes things.
But as discussed elsewhere, conservatives have abysmal literacy and analytical skills, so it’s not surprising they wouldn’t understand when a comparison is merited.
The true meaning of it got perverted into meaning that whenever a poster used a Nazi reference to describe the behavior of politicians, it violated Godwin’s Law. I was constantly accused of it whenever I mentioned that the Bush administration was obviously following the Nazi Playbook.