NewsBreak By Chris Perez,
The U.S. Supreme Court’s order blocking the Trump administration from carrying out certain deportations under the Alien Enemies Act (AEA) was “hastily and prematurely granted” — nor was it “necessary or appropriate” — said Justice Samuel Alito in a blistering dissent Saturday after the decision was handed down.
“In sum, literally in the middle of the night, the Court issued unprecedented and legally questionable relief without giving the lower courts a chance to rule, without hearing from the opposing party, within eight hours of receiving the application, with dubious factual support for its order, and without providing any explanation for its order,” Alito wrote in the fiery, five-page rebuke.
“I refused to join the Court’s order because we had no good reason to think that, under the circumstances, issuing an order at midnight was necessary or appropriate,” Alito said, noting how Justice Clarence Thomas also dissented Saturday.
“Both the Executive and the Judiciary have an obligation to follow the law,” Alito proclaimed. “The Executive must proceed under the terms of our order … and this Court should follow established procedures.”
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The Saturday order and deportations case comes in the aftermath of an April 7 Supreme Court ruling , which dissolved a nationwide injunction barring summary deportations under the auspices of the obscure wartime law. All nine justices voted against the government’s use of the AEA without due process.
Last week, attorneys with the American Civil Liberties Union (ACLU) filed a petition for the writ of habeas corpus in Texas federal court, challenging the “AEA Process” as a whole. The plaintiffs also filed for a temporary restraining order and class certification.
Understood by the nation’s high court , habeas “has traditionally been a means to secure release from unlawful detention” and is a “means of contesting the lawfulness of restraint and securing release.” Under the basic habeas standard, federal courts consider whether any given detention violates federal law or the U.S. Constitution.
On Thursday, U.S. District Judge James Wesley Hendrix — a Donald Trump appointee — denied the motion for a restraining order . The court credited a statement from Department of Justice attorneys that none of the plaintiffs faced “imminent risk of summary removal” under the AEA. Hendrix reserved ruling on the class certification motion. The ACLU quickly filed an interlocutory appeal on Friday with the U.S. Court of Appeals for the 5th Circuit, stylized as an emergency request for a temporary restraining order.
That appeal was still pending when the plaintiffs filed their emergency application for an emergency injunction with the Supreme Court, as pointed out by Alito on Saturday.
“Shortly after midnight yesterday, the Court hastily and prematurely granted unprecedented emergency relief,” he said in his dissent…
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