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Davis, dissented from the majority opinion and signed on to the dissent of former Justice Antonin Scalia, who wrote: “I do not believe that ... there may be some situations in which the courts can order release.”

“I’d be open to impeaching judges for persistent bad-faith or wild rulings. Nothing remotely like that here,” said Ed Whelan, a conservative and former clerk for Justice Antonin Scalia.

The best support comes from a solo 2015 opinion by Justice Clarence Thomas that even Justice Antonin Scalia ridiculed as promoting “a presidency more reminiscent of George III than George Washington.”

And as the late Supreme Court Justice Antonin Scalia noted in a citation in a 2001 dissent, “Due process does not invest any alien with a right to enter the United States, nor confer on those admitted the right to remain against the national will.”

When conservative Supreme Court Justice Antonin Scalia passed away in early 2016, President Obama gained an opportunity to tilt the balance on an evenly split court.