Originally published at: Bitterly Divided Roberts Court Hands Trump Early Win On Alien Enemies Act - TPM – Talking Points Memo
The Supreme Court tossed on Monday a series of restraining orders that barred the Trump administration from removing people under the Alien Enemies Act, in a 5-4 decision decided largely over whether the case was brought in the right place and form. The Court held that challenges to removals under the Alien Enemies Act must…
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The decision is bad, but not 100% catastrophic. (SCOTUS is so biased nowadays this is a silver lining). The main holding is there must be sufficient time to file a habeas corpus petition contesting the arrest. This is not a bad result. The Court, however, also held the petition has to be filed where the kidnapped immigrant is being held, and not where he was taken by ICE. This holding is in conflict with the “sufficient time” element of the decision. (It doesn’t make sense to me).
There is no ruling on the underlying use of the Alien Enemies Act to kidnap these purported members of a gang. However, it’s not good the Court refused to even consider the misuse of the old law (which was intended only to be used in a war).
All in all, this decision shows at least 5 right wingers bend over backwards to accommodate the fascist Trump regime. I hope it’s not predictive of other decisions coming soon.
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Marcy’s take.
as well be taking orders from Elon Musk
.
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A quick take based on the news reports is that the Supreme Court is saying that a person’s right to habeas corpus can be defeated if ICE can spirit that person out of the country quickly enough.
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I don’t think that’s right. They lost on that issue. They must give them an opportunity to habeas corpus in the future.
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Indeed, the only war being waged in this matter (and others, of course) is Donald J. Trump and his administration v. the United States Constitution.
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Also the Supreme Court vs the US Constitution.
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In the future. Trump has been allowed to deprive this person of the right of habeas corpus without adequate remedy – he remains exposed to the risk of permanent harm under the decision by the majority
Finger wagging at the government … You bad boys, don’t you dare do this very same thing again in the future while allowing them to hold this person at the risk of permanent harm is simply ridiculous.
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If this stands and they are not forced to return the deportee, then I can forsee ICE brownshirts deporting people out of the country, with enormous barriers to reentry, both non-citizens and possibly citizens as well.
I’m not sure what a Habaeus Corpus hearing is. Do they get to substantively argue against deportation, or is this just a small procedural hearing? The hearing won’t matter if ICE or whatever DOJ agency can still arbitrarily decide the outcome for the cases, without the accused having any ability to dispute or follow any laws. It seems incomplete.
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“That means, of course, that the Government cannot usher any detainees, including plaintiffs, onto planes in a shroud of secrecy, as it did on March 15, 2025. Nor can the Government “immediately resume” re- moving individuals without notice upon vacatur of the TRO, as it promised the D. C. Circuit it would do. See 2025 WL 914682, *13 (Millett, J., concurring) (referencing oral argu- ment before that court). To the extent the Government re- moves even one individual without affording him notice and a meaningful opportunity to file and pursue habeas relief, it does so in direct contravention of an edict by the United
States Supreme Court.”
IANAL, but it would appear the ruling is not a return to business as usual for Trump and the same TRO request can be brought in the proper jurisdiction. It feels like a procedural punt on the Alien Enemies Act ruling.
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“the plaintiffs will now have to file habeas petitions in Texas.”
From a concentration camp in El Salvador? A cruel joke.
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So they’re adhering to the Alien Enemies Act requirements as if it stands?
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“within reasonable time and in such a manner as will allow them to actually seek habeas relief.”
Pretty easy to see the same majority, in a couple of weeks, ruling that 30 minutes, and a text to their lawyer, amount to reasonable time and in such a manner.
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Honestly, no due process, no habeas…there’s really no space between the Roberts Court and the MAGAts with t-shirts that say “Pinochet did nothing wrong”.
I guess this is what he meant when he said we wouldn’t have a country anymore.
I certainly don’t recognize America.
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I still remember when a ruling like this would surprise me. Not to brag, but that’s how good my memory is.
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That is extremely troubling, indeed. The law at issue applies in a war, and not as immigration control.
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