The Supreme Court granted the application for injunction pending further proceedings, vacated the Fifth Circuit's judgment, and remanded the case. The Court held that the Fifth Circuit erred in dismissing the detainees' appeal for lack of jurisdiction, finding that the District Court's inaction had the practical effect of refusing an injunction. The Court determined that AEA detainees are entitled to constitutionally adequate notice prior to removal to allow them to seek habeas relief, and temporarily enjoined the Government from removing the named plaintiffs or putative class members under the AEA pending further proceedings.

music for the podcast provided by ⁠⁠ Dimitry Taras

Law can turn on a single moment, but the Supreme Court says it’s not enough just to stop the clock at that instant. In Barnes v. Felix, the Court looked at a rule that made judges evaluate police force only by what happened in the split second an officer felt threatened. The Justices all agreed that’s too narrow.

music for the podcast provided by ⁠⁠ Dimitry Taras

The Supreme Court held that a federal civilian employee called to active duty pursuant to "any other provision of law... during a national emergency" as described in 10 U.S.C. §101(a)(13)(B) is entitled to differential pay if the reservist's service temporally coincides with a declared national emergency, without requiring any showing that the service bears a substantive connection to a particular emergency.

music for the podcast provided by ⁠ Dimitry Taras