Mullin v. Doe · ¶121

Today the Court undoes that preliminary relief—insisting that the terminations take effect now—based on two mistakes about the plaintiffs’ likelihood of success. First, the majority asserts that the Secretary’s compliance with the TPS statute is in every respect unreviewable by the courts. But in fact the statute allows judicial review of whether the Secretary adhered to the procedures it man- dates—which is what the plaintiffs dispute here. Second, the majority claims to see no evidence that race played any role in the Haiti decision. But the evidence is there, plain to see, in the President’s statements, which the majority (and for that matter, his own lawyers) cannot even bear to repeat. Once that much is established, the case for interim relief is made: There is no dispute that the plaintiffs will suffer irreparable harm absent postponement of the TPS decisions. So the plaintiffs…

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