Posted on 03/28/2025 8:41:39 AM PDT by Red Badger
The Trump administration asked the Supreme Court on Friday to allow it to invoke the Alien Enemies Act to carry out swift deportations.
The emergency application marks the first time the high court has been asked to get involved in the high-profile case after U.S. District Judge James Boasberg issued a temporary restraining order (TRO) blocking deportation flights under the rarely invoked, 18th-century statute.
“This case presents fundamental questions about who decides how to conduct sensitive national-security-related operations in this country—the President, through Article II, or the Judiciary, through TROs,” acting Solicitor General Sarah Harris wrote in the application.
“The Constitution supplies a clear answer: the President. The republic cannot afford a different choice,” she continued.
The 1798 Alien Enemies Act enables migrants to be summarily deported amid a declared war or an “invasion” by a foreign nation. The law has been leveraged just three previous times, all during wars, but Trump contends he can use it because the Venezuelan gang Tren de Aragua is effectively invading the United States.
After the president issued a proclamation invoking the law, the administration quickly deported hundreds of Venezuelan migrants to a notorious Salvadoran prison. Some of the migrants have contested being connected to a gang.
Boasberg, an appointee of former President Obama, has been at the center of Trump’s ire ever since he blocked the president’s plan at a rare weekend court hearing right after Trump signed the order. Trump has called for the judge’s impeachment and repeatedly publicly criticized him in the days since.
The administration’s Supreme Court application comes after the U.S. Circuit Court of Appeals for the District of Columbia issued a 2-1 decision Wednesday declining to lift Boasberg’s rulings.
“Here, the district court’s orders have rebuffed the President’s judgments as to how to protect the Nation against foreign terrorist organizations and risk debilitating effects for delicate foreign negotiations,” the application reads.
“More broadly, rule-by-TRO has become so commonplace among district courts that the Executive Branch’s basic functions are in peril,” she continued.
By default, the emergency application goes to Chief Justice John Roberts, who handles emergency appeals arising from the nation’s capital. He can act on the request alone or refer it to the full court for a vote.
It is one of four pending series of lawsuits the Trump administration has brought to the Supreme Court’s emergency docket.
The court is also actively mulling whether to grant requests to narrow rulings blocking Trump’s birthright citizenship restrictions nationwide, fire more than 16,000 federal probationary employees and freeze $65 million worth of teacher development grants.
Whatever TH happened to separation of powers?
Asking SCOTUS for permission???
Asking one court to turn against another court?
“Sure, Jan”.
Just declare martial law and get it done.
Speaker Johnson, you need to hurry up and act to rein in these district judgeships; they are obviously and unconstitutionally politically motivated, and are usurping the will of the people, the majority of whom voted for President Trump and what he is doing.
Just hold the detainees in a fenced area near the judge’s residence.
That’s really the only option left to be able to cut right through the b*******
The court’s are out for themselves.
Not the American People.
Asking them for help in this situation, or any for that matter, will not work out in our favor.
Mark my words.
This is the problem. They should have shut this down on separation of power grounds. By fighting this they handed executive power to the Judiciary. 5 of the 9 SC Justices hate the President and all they have to is not hear this and the pricks ruling stands. Since they went the appeal route they are stuck with it and to top it off part two is requiring a hearing for every illegal. Millions of hearings for decades.
If they are Americans ,this should be 9 to 0 for deportation of our enemies .
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they got to replace that usaid source of funds somehow eh ?
nothing like tax payer funded lawfare to keep the yachts afloat , and the astroturfers paid too.
ching ching
“to allow it to invoke the Alien Enemies Act”
Oh Right. Gotta get Johnny’s approval. 76M voters and the Constitution don’t count.
But since Zach Schonfeld comes from an ethno-religious group that always had judges as the only authority, he wants us all to think this is normal.
That I think you can do without a supermajority.
It would be Cloward-Pivenesque.
“More broadly, rule-by-TRO has become so commonplace among district courts that the Executive Branch’s basic functions are in peril,” she continued.
Me thinks there is more to this filing than just the Alien Enemies Act. It’s a given that Alito and Thomas would rein in the district court overreach. They only need to drag 3 others along. Gorsuch is a probable. Kavanaugh is a probable. Much to our doubts about Barrett, she usually adheres to letter of the law. She is a maybe.
If Robert’s wants the courts to remain relevant, he better join Alito and Thomas.
EC
Interesting. I wonder what we has up his sleeve.
John “it’s a tax” Roberts handles the emergency docket..
Let’s see how he tries to thread the needle on this one
The problem is they can just do nothing and let it stand which is something like to do whenever they can. If that happens Trump will have to decide if he is ready for the nuclear option or a hobbled Presidency in which his deportation promise is dead.
The big question is this: Will Roberts follow the rule of law, or will the Blackmail Bank of America dictate the “new law” in this case? Time will tell, won’t it?
Put these Grade Poohbahs to work on these obstructionist lower court klowns, plus they have extensive staff that DOGE should be cutting back at.
It would die in the Senate, if he were to pass anything raining in judges.
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