Michael Morley

“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.

“The Fifth Circuit’s en banc ruling in Rodriguez today takes the next step by holding that such detention would not violate the U.S. Constitution’s Due Process Clause,”

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

Morley said the Fifth Circuit's en banc ruling could influence how the Supreme Court approaches the related Rhoney case.

“This holding may impact the Supreme Court’s reasoning, because an important consideration in disputes over federal laws is whether a particular interpretation would be unconstitutional.”

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

Morley explained that courts often consider whether a particular reading of federal law would create constitutional problems.