Trump: Send out the attack dogs

The Supreme Court in a 7-2 ruling Friday said the Trump administration violated the due process rights of Venezuelan migrants in its rushed effort to remove them from the U.S. last month using the Alien Enemies Act (AEA), a 1798 wartime law.

Through its order, the Supreme Court extended its pause on AEA removals from the Northern District of Texas. However, the court did not determine whether the Trump administration can ultimately carry out removals using the AEA.

Instead, it asked the U.S. Court of Appeals for the Fifth Circuit to determine whether Trump’s [invocation] of the AEA was legal and how much notice is due to those targeted by the act.

[...]

While granting the migrants’ appeal, the Supreme Court also rebuked the Trump administration for not complying with its previous order on removals using the wartime act. In that order, SCOTUS said that those subject to removals must be given an adequate amount of notice and a change to challenge.

“Under these circumstances, notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster,” the court said.

[...]

“The circumstances call for a prompt and final resolution, which likely can be provided only by this Court,” Kavanaugh said. “At this juncture, I would prefer not to remand to the lower courts and further put off this Court’s final resolution of the critical legal issues. Rather, consistent with the Executive Branch’s request for expedition—and as the detainees themselves urge—I would grant certiorari, order prompt briefing, hold oral argument soon thereafter, and then resolve the legal issues.”

Justices Samuel Alito and Clarence Thomas dissented to the court’s order.

  Democracy Docket

Of course they did.

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