Sonia Sotomayor: “under no circumstance should the judiciary become the hand maiden of the executive.”

It also corrodes the rule of law by rewarding Alabama’s gamesmanship and outright defiance of court orders.

The majority apparently deems it more important to free the Government from paying employees it had no right to fire than to avert these very real harms while the litigation continues.

Today, this Court undoes centuries of political practice and concludes that all three branches of Government have been acting in open defiance of the Constitution all this time.

The point, however, is not that illegal entry always produces a net windfall for asylum seekers; it is that Congress was unlikely to devise a system in which asylum is available to those who unlawfully set foot over the border, but not to…