THE SUPREME COURT’S STRATEGIC FUMBLE: THE APRIL 17 UNSIGNED ORDER AND THE EROSION OF JUDICIAL CRED

An unsigned order—also known as a per curiam decision—may seem innocuous, but in this context it reveals a deliberate sidestep. The Court chose not to confront the question at hand: whether the executive branch, under constitutionally vested war powers, may expedite deportations of known threats to the public under wartime law. Instead, it punted, invoking vague concerns over due process without issuing a full opinion or standing by the ruling with transparency.