Contrary to previous announcements, Dr. Azar Nafisi will NOT appear at Wellesley College on April 15.
Non-tenure track teaching faculty are string, and Dr. Nafisi would not take the chance of appearing while faculty are striking. She would not cross a picket line.
Her lecture–about her book Reading Dangerously–will be rescheduled.
April 14, 2025, by Dean Hoke: This profile of Tuskegee University is the ninth in a series presenting small colleges throughout the United States.
Background
Founded in 1881 by educator Booker T. Washington, Tuskegee University is a private historically black university (HBCU) located in Tuskegee, Alabama – about 40 miles east of Montgomery . Established initially as the Tuskegee Normal School for training Black teachers, it evolved into Tuskegee Institute and eventually a university known for blending liberal arts, technical, and professional education. The university’s campus, a designated National Historic Site, spans roughly 5,000 acres (including a 450-acre main campus and extensive forestry and research lands). Tuskegee is consistently ranked among the top HBCUs nationally (U.S. News #3 in 2023) and is noted for its academic rigor and legacy of producing African American leaders.
Curricula
Tuskegee offers a broad curriculum encompassing over 50 degree programs. Programs include Engineering, Architecture, Business, Education, and Nursing & Allied Health, as well as a renowned College of Veterinary Medicine. The university balances a liberal arts foundation with strong STEM and professional programs. Students complete a liberal arts core while pursuing majors in fields like engineering, agriculture, the sciences, business, and the humanities. Tuskegee has introduced distinctive programs that leverage its heritage – for example, it hosts the nation’s only Aerospace Engineering program at an HBCU, and it houses a National Center for Bioethics in Research and Health Care focused on minority health ethics.
Experiential learning is integral: from engineering design projects to agricultural research and Cooperative Extension outreach in rural communities, students get hands-on training. Notably, Tuskegee’s veterinary medicine program, founded in 1945, provides crucial clinical experience and has become a top producer of minority veterinarians. Outcomes for graduates are strong in many programs – for example, nursing and allied health majors benefit from clinical partnerships, and engineering students often secure competitive internships. Tuskegee reports in 2022, the four-year graduation rate is 33%, and the six-year graduation rateis 67%.
Strengths
Historic Legacy and Mission: Tuskegee’s history is a cornerstone of its identity. It was built on Booker T. Washington’s self-help philosophy and has played a pivotal role in African American education for over a century.
Excellence in STEM, Agriculture, and Veterinary Medicine: The university is a powerhouse in STEM fields. It is the only independent HBCU with four ABET-accredited engineering programs and the only HBCU with an Aerospace Science Engineering program. Its College of Veterinary Medicine has educated over 70% of African American veterinarians in the United States.
Strong Student Outcomes and Recognition: Tuskegee is recognized for improving social mobility and student success. U.S. News ranks Tuskegee #1 among Southern schools for social mobility and among the top 5 HBCUs nationwide. The university has produced generations of leaders and pioneers, which bolsters its reputation and provides current students with role models and mentors.
Community Engagement and Service: As a land-grant institution, Tuskegee is deeply committed to community service and outreach. Through its Cooperative Extension Program and initiatives like the new Center for Rural Health and Economic Equity, the university addresses needs in Alabama’s Black Belt region—from agricultural assistance for local farmers to health equity research for underserved rural populations.
Weaknesses
Enrollment Decline: Tuskegee’s Full-Time Equivalent (FTE) enrollment has steadily decreased from 3,276 in 2019 to a low of 2,755 in 2023, with a modest rebound to 2,881 in 2024. This downward trend, though not unique among small institutions, negatively impacts tuition revenue, national rankings, and institutional perception.
Infrastructure and Facilities: Numerous campus buildings require modernization. Students and alumni on platforms like UNIGO have expressed concerns about aging dormitories and outdated lab and classroom technology. These issues pose challenges for student recruitment and retention, especially in STEM disciplines. The university acknowledged these concerns in 2024 and stated that actions are underway to address construction delays.
Return on Investment (ROI): According to Georgetown University’s Center on Education and the Workforce, Tuskegee’s 40-year ROI for bachelor’s degrees is $1,434,000—well below the national average of $1,744,000 for private institutions. This places Tuskegee in the lower 20th percentile nationally and may raise concerns among prospective students and families weighing the long-term value of a Tuskegee degree.
Note: Tuskegee does an exceptional job with the students it serves, often outperforming peers in helping students succeed and move up economically. However, its graduates’ average earnings are lower than those of graduates from many other private institutions, which affects ROI rankings. This contrast is common among mission-driven institutions that serve high-need populations and public interest-oriented fields (e.g., education, social work, veterinary medicine), where average salaries tend to be lower despite high societal value.
Economic Impact
Tuskegee University is a major economic engine for its region. According to the United Negro College Fund’s (UNCF) 2024 Economic Impact Report, Tuskegee University contributes approximately $237.1 million annually to Alabama’s economy and supports 2,064 jobs statewide through its operations, payroll, student spending, and visitor expenditures. It is one of the largest employers in Macon County, with nearly 1,400 employees on payroll, and its presence stimulates additional employment in the community (restaurants, shops, services that cater to students and employees).
Beyond direct spending, as a land-grant institution, it operates Cooperative Extension programs that improve agricultural productivity and entrepreneurship in rural Alabama. The university actively pursues research grants that address local needs. For example, in 2023, Tuskegee received a $2.2 million federal grant to establish a Center for Rural Health and Economic Equity, which will not only improve healthcare outcomes in Black Belt counties but also create research jobs and community health worker positions.
Enrollment Trends
As of Fall 2024, total enrollment (FTE) is 2881 students, including undergraduates, graduate students, and professional students in veterinary medicine.
The university has actively recruited beyond Alabama: currently, only 26% of undergraduates are Alabama residents, while 74% come from out-of-state.
Degrees Awarded by Major
In the 2022–23 academic year, Tuskegee University conferred 547 degrees in total (410 bachelor’s, 69 master’s, and 68 doctorates, including professional degrees).
Alumni
Tuskegee University boasts a vibrant alumni network of tens of thousands of graduates spread across the U.S. and abroad. With nearly 140 years of history, Tuskegee has produced generations of African American professionals and leaders, creating an expansive community often referred to as the “Tuskegee Family.” Alumni remain closely connected to the university and each other.
Notable Alumni and Figures: Tuskegee’s alumni and associated figures include some of the most influential names in U.S. education, science, military, and culture:
Amelia Boynton Robinson (Class of 1927): Pioneering civil rights activist and leader in the voting rights movement. She played a key role in the 1965 Selma to Montgomery marches, inviting Dr. Martin Luther King Jr. to Selma.
Gen. Daniel “Chappie” James (Class of 1942): The first African American four-star general in U.S. military history.
Lonnie Johnson (Class of 1973): Engineer and inventor, Johnson, a Tuskegee mechanical engineering graduate, had a distinguished career at the Air Force and NASA before his entrepreneurial success. He holds over 100 patents.
Lionel Richie (Class of 1974): Grammy-winning singer, songwriter, and former lead vocalist of the Commodores. Richie, a Tuskegee native, graduated with an economics degree.
Keenen Ivory Wayans (Attended from 1977-1980): an American actor, comedian, director, and filmmaker who co-hosted and created the TV comedy Emmy award show In Living Color. An engineering student on scholarship, he left Tuskegee in his senior year to pursue acting.
Endowment and Financial Standing
Tuskegee University’s financial foundation is solid but underpins a careful stewardship to meet institutional needs. As of 2024, the university’s endowment is valued at around $161 million. It remains smaller than some peer HBCUs. The university still depends heavily on tuition and fees. A milestone came in 2020 when philanthropist MacKenzie Scott donated $20 million to Tuskegee – the largest gift in the university’s history.
The university’s financial management has earned positive marks. The 2023 Forbes Financial Grades gives Tuskegee a 3.82 GPA and a letter grade of A-.
Why is Tuskegee Important?
Tuskegee University holds a singular place in American higher education and society, with a legacy and ongoing impact that extend far beyond its small-town Alabama campus. Founded in an era of segregation and limited opportunities for Black Americans, Tuskegee became a beacon of self-determination – educating Black teachers, farmers, and craftsmen in its early years and proving that excellence could flourish under the most challenging conditions.
Tuskegee’s importance also lies in its academic and professional contributions, particularly in increasing diversity in critical fields. It has been a prolific producer of African American professionals: for example, as noted, the vast majority of Black veterinarians are Tuskegee graduates, and the university has trained countless Black engineers, nurses, and scientists.
Tuskegee University remains a cultural touchstone and symbol of excellence. Tuskegee has also influenced educational models worldwide; notably, its extension work and vocational training approaches were emulated in developing nations (especially in Africa) during the 20th century, spreading the ethos of education for empowerment globally.
In summary, Tuskegee University is important because it represents the power of education as a force for equality and innovation. It has transformed lives and communities for generations, contributed richly to African American history and American progress, and continues to produce leaders and ideas that shape our world. In American higher education, Tuskegee’s thread is unique and invaluable – an embodiment of resilience, excellence, and the ongoing pursuit of knowledge for the betterment of society.
Dean Hoke is Managing Partner of Edu Alliance Group, a higher education consultancy, and a Senior Fellow with the Sagamore Institute. He formerly served as President/CEO of the American Association of University Administrators (AAUA). With decades of experience in higher education leadership, consulting, and institutional strategy, he brings a wealth of knowledge on small colleges’ challenges and opportunities. Dean, along with Kent Barnds, is a co-host for the podcast series Small College America.
April 7, 2025, by Dean Hoke: This profile of Washington and Lee University is the eighth in a series presenting small colleges throughout the United States.
Background
Founded in 1749, Washington and Lee University (W&L) is a private liberal arts college located in Lexington, Virginia. With a 325-acre campus in the Shenandoah Valley, W&L is the ninth-oldest college in the U.S. Originally Augusta Academy, it became Washington College after George Washington’s 1796 gift. It later took on its current name in honor of Robert E. Lee, who served as president following the Civil War. The school became coeducational in 1985 and is consistently ranked among the top liberal arts colleges nationally. The President of Washington and Lee since 2017 is William (Will) Dudley.
W&L enrolls approximately 1,900 undergraduates and 375 law students. The university boasts an 8:1 student-faculty ratio and an average class size of 15. The university is renowned for its rigorous academics, a single-sanction honor system, and a strong emphasis on ethical leadership and community.
Curricula
W&L offers 36 majors and 41 minors across disciplines such as the humanities, sciences, arts, business, journalism, and engineering. It’s the only leading liberal arts college with accredited undergraduate programs in business and journalism. Students can pursue either a B.A. or B.S. degree and are encouraged to pursue interdisciplinary interests. Popular majors include Business Administration, Economics, Political Science, and interdisciplinary areas such as Environmental Studies and Poverty Studies. Signature programs include the Shepherd Program for the Interdisciplinary Study of Poverty and Human Capability, combining classroom learning with community engagement on social justice issues. Over 60% of undergraduates study abroad, and a significant number participate in internships and research, often supported by university grants.
Strengths
Exceptional Outcomes and Opportunities: W&L’s four-year graduation rate is about 92%, and over 93% of graduates secure employment or enter graduate school within six months of graduation. They are a top producer of Fulbright scholars and other fellowship winners, reflecting the high caliber of their students and the support they receive in pursuing global opportunities.
Academic Excellence: W&L consistently ranks among the top liberal arts schools in the United States. It has been ranked #9 by US News and World Report in Best Small Colleges in America and #9 for best liberal arts colleges. The school consistently ranks among the top producers of Fulbright and other prestigious fellowships.
Experiential Learning: The unique Spring Term and emphasis on study abroad (60%+ participation) offer high-impact, immersive educational experiences. Programs like the Shepherd Poverty Program and community-based internships promote civic learning.
Financial Strength: With a $2 billion endowment (roughly $900,000 per student), W&L offers strong financial aid and has a need-blind admissions policy for most domestic and international applicants.
Weaknesses
Exclusivity: W&L has historically attracted a particular student demographic and features a social scene dominated by Greek life, which presents challenges in broadening campus culture. Approximately 75% of undergraduates join fraternities or sororities—one of the highest Greek participation rates in the nation. This deep-rooted Greek presence contributes to close social bonds and robust alumni networks. Still, it can also create a perception of social exclusivity for Students who do not participate in Greek life.
Historical Legacy and Diversity Challenges: W&L grapples with aspects of its historic legacy that pose modern challenges. The institution’s very name honors Robert E. Lee, and debates have occurred over whether to rename the university, given Lee’s ties to the Confederacy and slavery. In 2020, campus discussions on this issue drew national attention and revealed divisions among stakeholders. The cultural transition – shedding outdated perceptions and ensuring that students from all backgrounds feel fully welcome – remains an ongoing challenge for Washington and Lee.
Economic Impact
W&L is not only an academic institution but also a major economic engine for Lexington and the surrounding Shenandoah Valley. In addition to educating students, W&L significantly boosts the local economy through employment, spending, and partnerships. The university is one of the largest employers in the region, with roughly 870 faculty and staff. A comprehensive economic impact study in 2010 found that W&L was responsible for over $225 million in economic activity in the region in a single year.
Enrollment Trends
As of Fall 2024, Washington and Lee’s total undergraduate enrollment stands at 1,866 undergraduate students, with an additional 355 students in the law school. Over the past decade, undergraduate enrollment has remained stable.
The undergraduate acceptance rate has declined from 24% to 14% over the past five years, reflecting increased selectivity. The gender balance has also shifted to slightly favor women (51%). The university maintains a first-year retention rate of 96-98% and six-year graduation rates remain steady between 93% and 95%, reflecting a high level of student satisfaction and institutional support.
Degrees Awarded by Major
In the Class of 2020 -21, W&L conferred degrees across a wide spectrum of majors. Below is a breakdown by number of degrees awarded that year:
Return of Investment
According to the Georgetown University Center on Education and the Workforce’s study, Ranking 4,600 Colleges by ROI (2025), W&L offers a strong return on investment. In this study, ROI is calculated as the difference between a graduate’s cumulative earnings over time and the total out-of-pocket cost of attending college, which refers to the net cost after accounting for grants and scholarships.
For students earning a bachelor’s degree, W&L’s median ROI significantly exceeds the average for private nonprofit colleges, both in the short and long term.
Source: Georgetown University Center on Education and the Workforce, analysis of U.S. Department of Education College Scorecard data, 2009–2022.
Alumni
W&L boasts a vibrant alumni network that is both tightly knit and far-reaching. There are over 25,000 living W&L alumni worldwide, spread across all 50 states and dozens of countries. Alumni often refer to themselves as “Generals” (after the school’s athletic moniker) and maintain strong ties to the institution long after graduation.
Notable Alumni: W&L’s alumni list includes prominent figures in law, government, business, journalism, literature, and the arts:
Lewis F. Powell Jr. (Class of 1929; Law 1931): Was a U.S. Supreme Court Justice (served 1972–1987) . Justice Powell was one of three Supreme Court justices who attended Washington and Lee.
Tom Wolfe (Class of 1951): Best-selling author and journalist, pioneer of the “New Journalism” movement. Wolfe wrote influential works like The Right Stuff and The Bonfire of the Vanities, and is an icon in American literature.
Roger Mudd (Class of 1950): Emmy Award-winning broadcast journalist. Mudd was a longtime CBS News correspondent and anchor known for his work on CBS Evening News and documentaries.
Joseph L. Goldstein (Class of 1962): Awarded the Nobel Prize in Physiology or Medicine for his research in cholesterol metabolism.
Warren A. Stephens (Class of 1979): Chairman, president, and CEO of Stephens Inc., President Donald Trump nominated him to serve as the United States ambassador to the United Kingdom.
Rob Ashford (Class of 1982): A renowned choreographer and director, Ashford is an eight-time Tony Award nominee (winning one), a five-time Olivier Award nominee, and an Emmy Award winner.
Linda Klein (Class of 1983): American Lawyer and past president of the American Bar Association.
Endowment and Financial Standing
W&L’s financial foundation is exceptionally strong for a liberal arts institution of its size. As of 2024, W&L’s endowment is nearly $2.0 billion, placing it among the top liberal arts college endowments in the nation (and even comparable to some mid-sized research universities).
In a typical year, endowment earnings contribute roughly 40-50% of the university’s operating budget. The 2023 analysis by Forbes rated W&L a solid “B+” in financial health (score of about 3.34 out of 4.5)
Why is Washington & Lee Important?
Academic Excellence & Ethical Leadership: W&L exemplifies a liberal arts education that blends intellectual rigor with character development. Its Honor System promotes integrity and responsibility, shaping graduates who lead with both intellect and ethics.
Graduate Success & Influence: With 93% of graduates employed or in grad school within six months, W&L delivers top-tier outcomes. Alumni go on to excel in law, government, business, journalism, medicine, and the arts—many serving as civic leaders, mentors, and public servants.
Economic & Cultural Impact: Though small, W&L plays a major role in the Shenandoah Valley. It creates jobs, draws thousands of visitors annually, and enriches the area culturally with events, lectures, and museums. Its partnership with the local community strengthens regional vitality.
Access & Forward-Thinking Values: W&L’s need-blind admissions and robust financial aid reflect its commitment to affordability and inclusivity. It ranks highly for free speech and integrates modern disciplines like data science and entrepreneurship into a classic liberal arts framework, demonstrating how tradition and innovation can thrive together.
With its blend of tradition and innovation, W&L continues to influence American higher education. It upholds the time-honored virtues of a liberal arts college—close mentoring, a broad education, honor, and civility—while evolving to meet contemporary challenges by opening doors to more students and engaging with real-world issues. W&L remains a cornerstone institution among small colleges, illustrating the enduring importance of the liberal arts model in shaping thoughtful, responsible citizens.
Dean Hoke is Managing Partner of Edu Alliance Group, a higher education consultancy, and a Senior Fellow with the Sagamore Institute. He formerly served as President/CEO of the American Association of University Administrators (AAUA). With decades of experience in higher education leadership, consulting, and institutional strategy, he brings a wealth of knowledge on small colleges’ challenges and opportunities. Dean, along with Kent Barnds, is a co-host for the podcast series Small College America.
As a Jew, it makes me sick to see the Trump administration use “anti-Semitism” as a reason to vilify anyone, be it a university or an immigrant.
Trump’s minions include numerous openly anti-Semitic allies. He’s gotten support from David Duke, Richard Spencer, Nick Fuentes, and Kanye West, all of whom have expressed anti-Semitic views. He should reprimand all the Nazi-loving guys who carry Nazi symbols and chant “The Jews will not replace us.”
And then there’s Elon Musk, who twice gave the Nazi salute at Trump’s inauguration Right hand on heart, then thrust straight out. Elon re-opened Twitter to expressions of anti-Senitism and racism.
I support the First Amendment and oppose efforts to limit free speech.
But I hate hypocrisy. If Trump intends to use anti-Semitism as a reason to scour social media accounts, he should deport his anti-Semitic friends.
Carol Burris, executive director of the Network for Public Education, and Johann Neem, a professor of history of education at Western Washington University, discussed the meaning and purpose of public schools in a forum organized by the History of Education Quarterly.
Why care about public schools? Why resist the “school choice” movement for charters and vouchers? Why stand up for public schools? Why do public schools matter?
Burris and Neem’s dialogue will answer your questions. It’s a well-informed discussion about why public schools are central to our democracy, not merely a consumer choice.
Joyce Vance was US Attorney for Northern Alabama and a steady voice of reason. She wonders in this post what it will take to awaken Republicans to Trump’s erosion of the Constitution and our rights.
She writes:
Why doesn’t any of this break through? Why do Republicans still support Trump?
The reporting in The Atlantic on the Signal chain? The voter suppression executive order Trump issued…? The foul-ups in deporting supposed gang members who turn out not to be? Why aren’t Americans out on the streets protesting in massive numbers like we have seen people in other countries doing—Israel, Georgia, Turkey, South Korea, and others? In part, it’s because a large number of people who are Trump supporters just don’t care. Their guy can do anything, and they don’t care. They’ll believe any lie, and they’ll ignore any horrible; they’re all in for Trump for reasons the rest of us still struggle to understand.
The question is, how many of the rest of us are there? By that I mean Americans who, regardless of party affiliation, still care about truth and democracy. Those words are no longer just philosophical notions to be bandied about, an elite construct. They are the reality of what we are fighting a rearguard action to try and save.
Statistics from the last election provide reason for some optimism. Donald Trump won with 49.9% of the popular vote. Although he has claimed he has a mandate for a radical transformation of government, the numbers just don’t back that up. And they don’t suggest there’s a mandate for putting out military information on a Signal chain being used on personal phones, rather than on secured government systems. If there ever truly was a mandate for Trump, the reality is, it’s evaporating day by day as egg prices stay high and people lose their jobs. And now, there’s this, a cavalier disregard for the safety of our troops, lax security with one member of the Signal group apparently in Russia while communications were ongoing, what looks like an effort to do an end run around government records retention procedures.
Will the Atlantic story break through? It should. Trump’s Vice President, his Secretary of Defense, his CIA director, his DNI, all put American pilots in harm’s way. If that’s not enough for Senate Republicans to break ranks with Trump, especially those on subcommittees that have oversight into military and intelligence community operations, it’s hard to imagine what would be.
Why use Signal in the first place when American leaders have some of the most secure communications technology in the world available to them? Is it just for convenience? If so, that’s sloppy, and they should be committing to do better, not arguing over whether the information was classified or not. (But if it looks like a duck…)
The truth is that by going to Signal, they avoided leaving a paper trail. No annoying records that could be unearthed down the road. Remember Trump’s first impeachment? It came about in large part because after the call where he threatened Ukraine’s president with withholding security aid if he wouldn’t announce his country was investigating Joe Biden for financial misconduct, records of the call were buried inside a classified information system where they didn’t belong. That was what got the ball rolling. It was about trying to hide records of an official call that everyone knew was wrong.
As far as we know at this point, there was nothing improper about the attack on the Houthis. So why were high-ranking members of the Trump administration communicating off the books? How pervasive is the practice, and who knows/authorizes it? We are a government of the people. Transparency isn’t optional. There are rules about public records that have to be followed, and this president who likes to operate in secret and at the margins of our laws has frequently tried to skirt them.
It’s hard to imagine that the Signal chain for the Houthi attack was just a one-off, that they only went to Signal for this moment. Is this how this new government is operating routinely—off the books, in a hidden fashion designed to avoid scrutiny and accountability?
It may seem like a minor point with everything else that’s going on, but this is how autocrats work, not how a democracy operates. That’s the danger we are now facing, and this is another marker on the path to tyranny.
Calls are mounting for Hegseth and others to resign. Anyone who would engage in this kind of behavior and then argue that it was not improper rather than apologizing and promising to do better should leave government, whether voluntarily or not. But they should never have been confirmed in the first place. There is a cancer on the heart of the presidency, to quote from the Watergate era, and it’s infecting all of us.
Only yesterday, I posted a notice about the planned lecture by Dr. Azar Nafisi at Wellesley College on April 15.
Overnight, we agreed that the lecture would be postponed because of a non-tenure track faculty strike on campus. I fervently hoped the strike would be finished before the lecture, but the two sides are currently not close to a settlement.
Non-tenure track faculty voted to unionize as the Wellesley Organized Academic Workers, or WOAW with the United Auto Workers. The strike began March 27.
Dr. Nafisi will not cross a picket line, and neither will I.
ICE swept up a Maryland man and deported him to the infamous prison in El Salvador for terrorists and hardened criminals. But Abrego Garcia was not a terrorist or a gang member. The Trump administration admitted that his arrest and detention was an “administrative error” but claimed that he could not be returned because he was no longer in U.S. jurisdiction. The lower federal courts ordered the administration to bring him back. The Trump administration objected–unwilling to bring home an innocent victim of their error–and the case went to the Supreme Court. The Supreme Court released a unanimous ruling that seemed to favor the return of Abrego Garcia.
Allison Gill took a close look at the decision and finds many opportunities in its decision to keep Mr. Garcia imprisoned.
She wrote:
It appears to be a victory – that the Supreme Court “unanimously” agrees that the government must “facilitate” the return of Abrego Garcia – the Maryland father that was disappeared to the CECOT torture prison in El Salvador on a government-admitted “administrative error.”
But the Supreme Court did the wrong thing here by even bothering to weigh in.
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Do you remember in the immunity ruling, when the Supreme Court sent the case back down to Judge Chutkan after they made their “rule for the ages?” They shoved their robes where they didn’t belong because they should have just denied Trump’s application. Remanding it back to the District Court left the door open for Judge Chutkan’s clarification on official acts to be appealed again – all the way back up to the Supreme Court if necessary – so that the supremes could once again have final say over what the lower court had decided. It also had the added bonus of tacking at least another year of delay onto the case – provided the Supreme Court would have let the case live after the second go-round.
In the Abrego Garcia case, the liberal justices say they would have denied Trump’s application outright, leaving the lower court order in place:
Because every factor governing requests for equitable relief manifestly weighs against the Government, Nken v. Holder, 556 U. S. 418, 426 (2009), I would have declined to intervene in this litigation and denied the application in full. (Statement of Justice Sotomayor, with whom Justice Kagan and Justice Jackson join.)
Technically, the ruling is unanimous because the three liberal justices ultimately agree with the court’s ruling, but by intervening instead of denying the application outright, the Supreme Court is asking the District Court to clarify it’s ruling “with due regard” to Trump:
The rest of the District Court’s order remains in effect but requires clarification on remand.The order properly requires the Government to “facilitate” Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador. The intended scope of the term “effectuate” in the District Court’s order is, however, unclear, and may exceed the District Court’s authority. The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.
The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs. I mean, you could park a truck in that sentence. It might as well say “Hey District Court, go ahead and give it a shot but don’t cross the blurry lines we aren’t going to draw and don’t break the secret rules which we aren’t going to tell you about. See you in a month!”
They were super vague on their instructions to the lower court in the immunity ruling, too: virtually guaranteeing the case would come before them again. Remember Footnote 3? It was about as clear as mud:
“[a] prosecutor may point to the public record to show the fact that the President performed the official act. And the prosecutor may admit evidence of what the President allegedly demanded, received, accepted, or agreed to receive or accept in return for being influenced in the performance of the act. … What the prosecutor may not do, however, is admit testimony or private records of the President or his advisers probing the official act itself. Allowing that sort of evidence would invite the jury to inspect the President’s motivations for his official actions and to second-guess their propriety. As we have explained, such inspection would be “highly intrusive” and would “ ‘seriously cripple’ ” the President’s exercise of his official duties. … And such second-guessing would threaten the independence or effectiveness of the Executive.”
And just as with the immunity ruling, the Supreme Court will likely get another review of whatever the court orders the Trump administration to do to return Abrego Garcia. Because I’m pretty sure that the government isn’t going to want to do what the lower court tells it to, nor will it be forthcoming with the steps it’s taking to comply with court orders. The Trump administration will say “The Supreme Court told you to have deference for how we conduct foreign affairs. You’re not deferencing enough.”
So yes, it’s awesome that the Supreme Court didn’t outright abandon Abrego Garcia, but now we’re going to potentially drag out the remedy – while a man is wrongfully imprisoned in a gulag – and give the Supremes another at-bat when things don’t go smoothly. The high court should have outright denied the application, just as they should have done in the immunity case.
Trump is a performer who plays the part of a businessman. In New York City, he was known for his high-flying lifestyle, his frequent appearances at nightclubs, and his escapades with beautiful women. A businessman? He declared bankruptcy six times. His credit rating was so poor that no American bank would lend him money.
MAD magazine published this Trump cartoon in 1992:
What did I do? I have health problems and can’t get out much, so at a distance, I’ve tried to help others understand what the concerns and issues are, and I’ve contacted representatives in Congress many times and urged them to take action.