Is Our Democracy Dead?
When the government can disappear people without due process, what remains of the rule of law?
The administration has done many horrendous things—so many that it can feel impossible to keep track.
The ongoing, calculated, and disgusting attacks on my trans loved ones have been some of the most personal and painful for me.
They’re also moving forward with legislation that strips away basic rights, slashes vital social programs, guts government agencies, and hands massive tax cuts to the wealthy.
Nothing about what I’m about to say diminishes that.
But this—this attack on due process itself—has weighed on me differently.
It’s not just another line crossed.
It feels like the line.
If our government can snatch people off the street, throw them on a plane, and send them to a prison death camp in another country without so much as a hearing, then, in my view, the rule of law is dead.
And if that’s true, what we’re living in is no longer a democracy.
This has been the cause of many sleepless nights for me.
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The Supreme Court Just Opened the Door
On April 7, the U.S. Supreme Court issued a 5-4 ruling in Trump v. J.G.G.1, handing the Trump administration a win and clearing the way for continued deportations under the Alien Enemies Act of 1798.2
That law, passed in a time of war over two centuries ago, is now being used to round up Venezuelan immigrants accused of being part of a gang—without charges or trial—and send them to El Salvador’s notorious CECOT prison.
The Court said the lower courts in D.C. didn’t have jurisdiction to block the deportations.
Why?
Because the detainees didn’t file their legal challenge the right way.
The majority ruled that if these people want to contest their deportations, they must file habeas corpus claims in the district where they’re confined (Texas, in most cases)—and only that.
In plain English: Deportations can proceed, but detainees now have a tiny legal window to try to stop it.
A narrow, burdensome, individual path that very few will have the resources or time to use.
The Ghost of Korematsu
The Court didn’t deliberate.
It didn’t hold hearings.
It didn’t weigh expert input.
It issued its ruling through the shadow docket—fast, unsigned, and nearly invisible.
Justice Ketanji Brown Jackson didn’t hold back:
“The President of the United States has invoked a centuries-old wartime statute to whisk people away to a notoriously brutal, foreign-run prison. For lovers of liberty, this should be quite concerning…
We are just as wrong now as we have been in the past, with similarly devastating consequences.”
She compared this moment to Korematsu v. United States, the infamous ruling that upheld the forced internment of Japanese Americans.
And she’s right.
History remembers that shame.
This Court may not leave a record—because it increasingly avoids one.
What Is a Habeas Claim—And Why It’s Not Enough
The Court says people can still fight their deportations.
But only through habeas corpus.
That’s Latin for “you shall have the body,” and it means someone can ask a court to examine whether their detention is lawful.
But now, that’s the only way to challenge deportation under the Alien Enemies Act.
And it must be filed individually, and only in the place you’re detained.
This isn’t due process. It’s a paper trail for plausible deniability.
As Chris Geidner explains in his breakdown on Law Dork:
“The majority’s decision: The AEA is only to be challenged in habeas and in the district of confinement… The Court created new law about the rarely-invoked AEA and about how habeas works in the course of their brief opinion — and they did so with only the most minimal of briefing, little opportunity for non-party participation, and without argument.”
The Abrego Garcia Case: A Test of the Rule of Law
While all this was unfolding, a second case was quietly moving toward the Supreme Court—and it may be even more chilling.
Kilmar Abrego Garcia was lawfully present in the U.S. He had work authorization.
And in 2019, an immigration judge formally ruled that he could not be deported to El Salvador, where he faced likely persecution.
That ruling was binding.
And yet—six years later—he was disappeared.
Without warning, ICE agents showed up, put him on a plane, and delivered him to CECOT, a Salvadoran super-prison infamous for its brutality.
There was no hearing. No notice. No process.
As Andrew Weissmann writes in his Substack post:
“This case is about more than one man—it’s about whether our government is bound by the rule of law, and whether the courts can still hold this administration accountable when it isn’t.”
The Fourth Circuit Court of Appeals agreed.
In a rare and unanimous rebuke, they ruled that the government must bring him back.
The court wrote:
“The United States government has no legal authority to snatch a person who is lawfully present in the United States off the street and remove him from the country without due process. The government’s contention otherwise… is unconscionable.”
Unconscionable.
And yet, the government is now fighting that ruling—at the Supreme Court.3
When Truth Becomes Punishable
And just when you think it can’t get worse—there’s this.
The government attorney who appeared in court and admitted they had no legal basis to deport Mr. Garcia?
He was removed from the case. Then placed on administrative leave.
Why?
According to Weissmann, for a “lack of zealous advocacy.”
In other words: He told the truth, and he got punished.4
This is the kind of thing you hear about in authoritarian regimes, not democracies.
And yet, here we are.
This Is the Line
Let me be clear again: This administration’s cruelty and corruption have shown up in countless ways.
But this moment, right here, is where I draw the line.
If the government can remove people without legal justification…
If they can send them to a foreign prison known for torture and death…
If they can silence their own lawyers for being honest in court…
And if the highest court in the land shrugs and says, “That’s fine, just file your habeas paperwork”…
Then the rule of law is not just under attack. It’s gone.
And with it—democracy.
So What Can We Do About This?
I'm not an attorney, and I’m relying on my research and the voices of legal experts who are closely watching these cases—but here’s what I’ve learned:
We’re not totally without options.
The Supreme Court’s ruling was devastating, but it wasn’t the final word on every aspect of this issue.
There are still a few narrow paths forward—and while they’re far from ideal, they matter.
1. Legal challenges aren’t over—just rerouted.
The Court didn’t rule on whether Trump’s use of the Alien Enemies Act is actually constitutional.
They only said the legal challenge has to be filed as a habeas claim, and only in the district where someone is detained (usually Texas).
That’s burdensome and intentionally difficult—but it’s not impossible.
Future court cases could still challenge:
Whether a gang can legally be labeled as a foreign enemy.
Whether it’s lawful to deport people to places like CECOT, known for torture.
Whether the Alien Enemies Act even applies in peacetime.
There’s a sliver of legal ground here.
But we need attorneys who are willing and able to fight on it.
2. Congress still holds the power to repeal this law.
The Alien Enemies Act of 1798 is still active because Congress hasn’t repealed it.
They could.
It’s unlikely with the current political makeup, but future legislative pressure could:
Repeal or limit the use of the Alien Enemies Act.
Pass laws requiring full due process protections for deportations.
Cut funding for deportations to known human rights abusers.
That kind of change takes organized political will—but it’s not out of reach.
3. The executive branch can choose not to enforce this.
Even if the law is on the books, enforcement is discretionary.
Any administration—this one or the next—can end the use of the Alien Enemies Act tomorrow.
They can stop the deportations.
They can cancel agreements with foreign prisons.
Public pressure matters here.
Protests, organizing, and making noise can influence policy decisions.
And keep up the pressure we must, as in the case of ICE disappearing a mother and her three children.5
4. Awareness is power.
The truth is, most people don’t know this is happening.
These deportations are happening in secret.
The court rulings are happening through shadow dockets.
The Supreme Court is reshaping immigration law in the dead of night.
Sharing this information matters.
Writing matters.
Protesting matters.
Supporting organizations that help detained immigrants matters.
It’s not everything—but it’s not nothing.
We Must Not Sleep Through This
These rulings are happening in the shadows.
Fast. Quiet. Technical.
And devastating.
As Justice Sotomayor wrote, forcing hundreds of immigrants to each file emergency habeas petitions—most without lawyers—risks “severe and irreparable harm.”
The Court’s majority refused to even address the fate of those already deported.
But we can.
We must.
🧭 And ask yourself: If this is allowed to stand, what kind of country are we living in?
Because the answer to that question will define who we are—and whether there’s anything left worth fighting for.
If you made it this far, thank you.
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I write to help you understand what’s happening, without drowning in it.
https://www.supremecourt.gov/opinions/24pdf/24a931_2c83.pdf
https://en.wikipedia.org/wiki/Alien_and_Sedition_Acts
https://apnews.com/article/supreme-court-trump-deportation-salvador-maryland-40136c5aa844b6c12ba20ee67ab4df9a
https://www.attorneyscottrubenstein.com/2025/04/zealous-advocacy-vs-ethical-duty-a-doj-lawyer-caught-in-the-crossfire/
https://www.thehandbasket.co/p/sackets-harbor-tom-homan-jaime-cook
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