Sale v. Haitian Centers Council, Inc.

Criticizing the majority decision in his dissent, Justice Blackmun wrote, "Today's majority ... decides that the forced repatriation of the Haitian refugees is perfectly legal, because the word "return" does not mean return, because the opposite of "within the United States" is not outside the United States, and because the official charged with controlling immigration has no role in enforcing an order to control immigration."(citations omitted)[1] A slightly different case with the name Haitian Centers Council v. Sale was argued and won by Koh's team of law students from Yale before Judge Sterling Johnson of the U.S. District Court for the Eastern District of New York.Lead counsel was provided on a pro bono basis by Joe Tringali of Simpson Thacher & Bartlett.However, this decision was later vacated due to a negotiated settlement deal made by the Clinton Administration and Yale Law School.The full background and details of both cases are found in the book Storming the Court by Brandt Goldstein.
Supreme Court of the United StatesL. Ed. 2dU.S. LEXISWilliam RehnquistByron WhiteHarry BlackmunJohn P. StevensSandra Day O'ConnorAntonin ScaliaAnthony KennedyDavid SouterClarence ThomasU.S. Supreme CourtPresidentexecutive orderImmigration and Nationality Act of 1952United Nations Convention Relating to the Status of RefugeesHarold KohLegal Adviser of the Department of StateJohn Paul StevensSecond Circuit Court of AppealsJudge Sterling JohnsonU.S. District Courtpro bonoSimpson Thacher & BartlettClinton AdministrationYale Law SchoolList of United States Supreme Court cases, volume 509List of United States Supreme Court casesLists of United States Supreme Court cases by volumeList of United States Supreme Court cases by the Rehnquist Court