Supreme Court Justice Reads Dissent Aloud in Immigration Case

Justice Sotomayor read portions of her dissent from the bench during the announcement of the decision in Mullin v. Al Otro Lado. The case concerns whether an individual standing in Mexico who attempts but fails to enter the United States has "arrived" for purposes of the Immigration and Nationality Act.

The majority held that such a person does not arrive until crossing the border and therefore is not entitled to apply for asylum or to inspection by an immigration officer.

Sotomayor began her ten-minute oral dissent by recounting the story of the M.S. St. Louis, the ship that carried roughly 900 Jewish refugees from Nazi Germany in 1939. The vessel was turned away from Cuba, Miami, and Canada before returning to Europe, where 250 of the refugees later died in the Holocaust.

Reporters later discussed whether Alito had advance notice of the oral dissent. The prevailing view was that he may have learned of the plan only that morning, leaving insufficient time to prepare a written response. It is uncommon for justices to exchange substantive comments from the bench during opinion announcements.

Past and current members of the court have publicly emphasized collegial relationships despite differing views.