“If the Court agrees with the Fifth Circuit’s analysis that the Due Process Clause allows such detention, it may be more likely to conclude that federal law permits it, as well, Morley continued. Hans von Spakovsky, a senior legal fellow at Advancing American Freedom, argued that the decision could bolster the administration as the justices prepare to resolve the circuit split.”

Michael Morley · said 2026-10-23 · reported 2026-10-25

Morley suggested that if the Supreme Court agrees with the Fifth Circuit's due process analysis, it may be more likely to find federal law permits the detention as well.