Posted on 03/28/2025 9:58:36 AM PDT by Signalman
Legal expert Jonathan Turley delivered encouraging news for the Trump administration this week, stating that the Supreme Court is likely to side with President Trump’s use of the Alien Enemies Act of 1798 to deport over 200 members of the Venezuelan criminal gang Tren de Agua. Speaking on America’s Newsroom with Bill Hemmer, Turley said the legal debate surrounding the administration’s decision is “controversial” but that the courts are fully equipped to resolve it.
“There are certainly strong arguments for the administration to make here,” Turley began. “I think that we have to be honest that there are good faith arguments on both sides. This is a controversial law being used in a new way and there are legitimate questions as to the meaning of some of these terms.”
The legal dust-up began after Trump invoked the centuries-old law in mid-March, allowing for the rapid deportation of criminal non-citizens considered national security threats. Tren de Agua, which has been linked to a wave of criminal activity, became the first target.
But after a federal judge blocked the deportations and an appeals court upheld the decision, Trump’s legal team signaled it would take the fight to the Supreme Court. Turley says that’s exactly where the battle belongs.
“How much of it is actually reviewable? That’s going to be resolved by the Supreme Court, not by lower court judges,” Turley said. “And people need to trust our system here. We have the greatest legal system on Earth. It will work through these problems, and I think it’s going to work through them.”
He added that the growing number of nationwide injunctions issued by district court judges undermines executive authority—a concern echoed by former Attorney General Bill Barr earlier in the week.
“These district court judges are trying to usurp the responsibility of the president in the national security area,” Barr warned. “They’re trying to reduce all decisions to these trial-like hearings which essentially gives the judge the power to overrule and second-guess the executive.”
There have been significant differences in how lower courts have treated the Trump administration compared to previous presidents. While President Biden faced 14 injunctions during his term, President Obama saw 12, and President Bush had just 6. In contrast, the first Trump administration was hit with 64 injunctions. Remarkably, just 64 days into the current term, the count has already climbed to 15.
“It’s like having a car where every passenger is grabbing the emergency brake. It’s pretty hard to drive that car,” Turley said. “And what you have here are judges that are imposing national injunctions, which the Supreme Court—including liberals like Justice Kagan—have objected to. She said, ‘This is madness.’”
“I think the Trump administration is likely to win,” Turley added. “I also think the Trump administration is likely to prevail in most of these cases. I think that federal judges have overextended themselves. I think they have intruded into areas of Article II or presidential authority.”
As the case heads toward the nation’s highest court, the legal debate hinges on whether non-citizens are entitled to full due process rights during deportation proceedings.
“The Supreme Court has previously said that there are due process rights that adhere to even non-citizens within the country,” Turley said. “The question is: how much of a hearing? What do you need to have in order to deport individuals? The administration would like to use this law to sort of circumvent—or short-circuit—at least that process. That’s a novel use of the law.”
“I think that we have to be honest that there are good faith arguments on both sides” ah... no! They are illegal aliens to begin witt and criminals on top of that. They don’t get “due process” they are not Americans or legal aliens.
It is so sad our government continues to favor non-US citizens over US.
“due process rights that adhere to even non-citizens within the country”
First you have to catch the little invaders and hold them, but they are always released and cannot be found again. Rinse repeat. I don’t object to them getting a hearing when they are caught within an appropriate time frame, but we should not pay for them being released by a lib judge (some not even born here) and hiding.
Barrett is the one who has me scared. Hopin’ Kagen talk some common sense into her think skull. Barrett has it in for the American people.
Me, either.
I’d like him to opine on universal injunctions
Putting all our hopes and trust in the Supreme Court is not something that promotes calmness and serenity.
Too many “sided with the liberal justices” to trust them.
We need prayers and to put our trust in God.
The SC will resolve it in time for the next president.
Non-citizens have all of our rights and none of our responsibilities, for some reason.
Turley is one of the best on FNC and should be used more. It would be nice if The Five could stop the narcissism of the two male regulars and permanently dump Jessica. The over-talking is a pain to endure. And Watters’ smugness is simply unbearable.
Put on some serious thinkers like Turley, Kennedy, and even Ford. Bring in some of the less frequently use but more serious fill-ins for Dana
.
good analysis on American Thinker
One minute should suffice on their way onto the plane.
I'm thinking barrett is trying way to hard to prove she is not beholden
to President Trump for her supreme court position.
It’s always been hard for me to understand why ANYONE would want illegals & especially those involved in criminal activity to set foot in this country. Besides being against the law for them to be here, why would anyone in their right mind want such persons here? Those feeling that way need to get their minds changed & maybe such a way to do that would be to send them for a short stay in some of the countries that apparently support this sort of behavior.
I think that federal judges have overextended themselves. I think they have intruded into areas of Article II or presidential authority.
Spot on and they know it they are rolling the dice on hoping if a number of the them unite the supreme court will side with them.
NOT
SCOTUS will send this back to the lower courts and ask them to think again about their thinking. They’re not going to give the whole bone to Trump, yet.
I no longer believe that ANY "argument" made by the Left is made in "good faith."
“And people need to trust our system here. We have the greatest legal system on Earth. It will work through these problems, and I think it’s going to work through them.”
The Judiciary, all the way to the very top, appears to be working as hard as they can to destroy whatever trust we may have remaining in them.
The next question is: what then? I don't like any of the answers I can come up with.
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