Pope Francis adn Justice Scalia: A discourse on due Process by a Skadden Attorney
By MIKE MAGEE
The recent death of the Pope has cast a shadow over an ongoing confrontation between Trump and global leaders regarding America’s adherence to the rule of law. Central to this legal framework is the concept of “Due Process,” enshrined in two distinct Amendments within our Constitution.
The Fifth Amendment asserts that no individual shall be “deprived of life, liberty or property without due process of law.”
The fourteenth Amendment, ratified post-Civil War during the era of Emancipation, echoes this sentiment with its own version of the “Due Process Clause, ” mandating that all states uphold this legal standard.
This past week, in a blatant disregard for any semblance of due process, Trump deported Kilmar Abrego Garcia—an accused gang member—alongside 220 others to a high-security prison in El Salvador. This action was taken despite an existing court order prohibiting such measures while flights were still airborne. Such defiance raised eyebrows even among some congressional supporters. This incident marked a significant overreach that many deemed unacceptable.
The Administration’s attempts to replicate this controversial maneuver with another group faced swift rejection from the Supreme Court in an unanimous ruling.
A harsh lesson for Trump is becoming evident: without adherence to “Due Process,” the legal profession may as well cease operations altogether.He appeared confident he had Chief Justice roberts under his influence when he was caught on a hot mic prior to delivering his State of the Union Address in 2025, stating on camera, “thank you again. Thank you again.Won’t forget it,” implying he had leverage over him.
A Shared Legacy Between Two Influential Figures
A notable connection between these current events—the Pope’s demise and Garcia’s unlawful deportation—lies with another Supreme Court figure: Justice Antonin Scalia. Both Scalia and Pope Francis share Jesuit educational backgrounds; Francis being notably recognized as the first Jesuit pope ever elected.
critique from Vatican Officials
Pope Francis publicly condemned immigration policies enacted by Trump’s administration just before his state Address as ”disgraceful.” The Vatican has also voiced opposition against last week’s imprisonments in el Salvador—a stance rooted partly in concerns about violations against due process rights.
This situation exemplifies one facet of Project 2025’s aggressive campaign targeting America’s legal system. By late march, numerous law firms based in Washington D.C., pledged loyalty to Trump’s administration out of fear they would be barred from representing clients within federal buildings if they did not comply.Some attorneys resisted these pressures; as an example, Skadden associate Rachel Cohen resigned her position citing ethical concerns about remaining silent while presidential actions undermined lawful governance.
Former associates at Skadden wrote collectively expressing their discontent regarding their firm’s agreement with President Trump amidst threats against essential democratic principles like freedom and justice.
An Unexpected Ally Emerges from History
An intriguing voice emerged recently linking back nine years ago when Lucy Dicks-Mireaux—a current associate at Skadden—reflected upon her time as a Harvard Law student where she identified herself as “a liberal minority woman.” She expressed concern that many opinions held by Justice Scalia set back equality significantly more than his tenure suggested.
Dicks-Mireaux later noted how her perspective shifted after reading Scalia’s dissenting opinion on Hamdi v Rumsfeld where she found common ground with him regarding due process rights being curtailed under national security pretenses.
A Case Study on Due Process Rights
Dicks-Mireaux elaborated on Hamdi’s case involving U.S citizens detained without trial based solely upon military assumptions linking them to terrorism activities without formal charges being filed against them—a clear violation against constitutional protections afforded through habeas corpus rights which should ensure fair treatment under judicial scrutiny rather than arbitrary detention practices based solely upon hearsay evidence leading towards presumption guilt until proven innocent.
As we reflect upon these discussions surrounding human rights advocacy intertwined deeply within our constitutional framework—it becomes increasingly clear how vital it remains for us all—to uphold principles enshrined therein lest we lose sight entirely what it means truly live justly amongst one another here within United States borders! As articulated eloquently by St Ignatius Loyola whom Pope Francis embodied throughout his life journey; “If our church fails care adequately those marginalized or oppressed—we risk falling into heresy.”
(Mike Magee MD serves as both Medical Historian & regular contributor THCB alongside authoring CODE BLUE: Inside America’s Medical-Industrial Complex (Grove/2020))