The High Court has published a summary of its reasons for its surprise 8 November decision that has seen 141 people released from immigration detention. The short summary is indefinite detention is punitive, and under the Constitution, only courts – not parliament – can dole out punishments. We also learned that the decision was unanimous amongst the judges, who overruled a 2004 precedent – something the government was not expecting to happen. While we’re on the topic, it was confirmed yesterday that 6 of the released detainees haven’t been fitted with a monitoring device, and one of those has gone missing. Sorting that out is a priority, as is enacting preventive detention laws to redetain people considered to be high-risk offenders after the High Court left the door open to that kind of arrangement.