In a rarity, the Supreme Court has issued a unanimous ruling in upholding a U.S. law that bars people from actively encouraging illegal immigrants to remain inside the country.
All nine justices on Thursday overturned a ruling by the 9th Circuit Court of Appeals which had said a federal anti-harboring statute was unconstitutional because it allegedly violated the First Amendment’s free speech guarantee. The case is not settled, but rather sent back to the 9th Circuit for review.
In upholding the U.S. law, the high court also chastised the 9th Circuit judges for “drastically” veering from established judicial norms.
And interestingly, the decision was written by one of the high court’s most liberal members, Justice Ruth Bader Ginsberg.
“[T]he appeals panel departed so drastically from the principle of party presentation as to constitute an abuse of discretion,” she wrote, adding that “a court is not hidebound by the precise arguments of counsel, but the Ninth Circuit’s radical transformation of this case goes well beyond the pale.”