The Supreme Court issued an unusual public statement Friday to address an "misunderstanding" between Justices Samuel Alito and Sonia Sotomayor, which arose following the release of a significant immigration decision. The exchange occurred after Alito delivered the majority opinion in Mullin v. Al Otro Lado, a 6-3 ruling that allows federal immigration officers to turn away asylum seekers at the U.S.-Mexico border.
Justice Sotomayor, appointed by former President Barack Obama, took the rare step of reading her dissent aloud from the bench. While not unprecedented, the 35-page dissent's 10-minute delivery appeared to surprise Justice Alito, who was appointed by President George W. Bush. "There’s much that I would have added to my bench statement had I known there would be a dissent read," Alito stated tersely.
In response to the ensuing national attention, a Supreme Court spokesperson stated, "Justice Alito was notified in advance by Justice Sotomayor’s chambers that she would be reading a dissent from the bench. It was a misunderstanding on Justice Alito’s part."
The ruling itself centered on the definition of "arrived" in the context of asylum claims. The majority opinion, authored by Alito, determined that individuals are not considered to have "arrived" in the United States if they are attempting to enter but have not yet physically stepped onto U.S. soil. This decision permits the administration to reinstate a policy that turns back asylum seekers at the border.
Sotomayor, joined by the court's other liberal justices, sharply disagreed with the majority's interpretation. In her dissent, she argued that the ruling allows the Executive Branch to bypass mandatory procedures by physically blocking individuals from entering ports of entry, even if those ports have capacity to process asylum claims and the individuals face persecution if denied entry.
This incident follows a prior instance earlier this year where Justice Sotomayor apologized for "hurtful" public comments made about Justice Brett Kavanaugh, acknowledging remarks made at an event that she deemed inappropriate. The recent exchange between Alito and Sotomayor is fueling speculation about rising tensions among the justices on the ideologically divided court.