SCOTUS Narrowly Rules In Favor Of Trump
Activist Obama-Biden era judges have been busy intervening Donald Trump executive orders. SCOTUS just vacated one such judge’s order (narrowly). 4 of the judges wanted to argue the “merits” of the case. 5 of them accurately ruled that it wasn’t in Judge James Boasberg jurisdiction to rule that Tren de Aragua gang members be returned to American soil to have their day in court.
Some big wins for President Trump at the Supreme Court. I only argue why they weren’t bigger. And there’s a real question. So, what it is that? Amy Coney Barrett is seeing what it is that she is doing when you see some of her actions and choices the Supreme Court ruling in a 5-4 decision to vacate Judge Boasberg’s temporary restraining order regarding Tren de Aragua, meaning that yes indeed the President of the United States can utilize the Alien Enemies Act in deportations. William Jacobson joins us right now. Cornell law professor in the mind behind legalinsurrection.com. This is your site, legalinsurrection.com. Supreme Court vacates Judge Boasberg’s temporary restraining order. It was a 5-4 decision. What is it that was argued and what is it that the court ended up saying?
So, this is the case of the Venezuelan gang which was declared subject to the Enemy Aliens Act from the late 1700s, which gives the president pretty sweeping authority to summarily deport people who are enemy aliens here as part of either a declared war or an invasion… President Trump declared this gang to be a hybrid state actor subject to that act. He then rounded up I forget the exact number, 2 or 3 hundred, something like that and six of them ran into court in the District of Columbia seeking an injunction originally released from custody than an injunction and that’s where everything went afoul because the original request for a habeas corpus petition is to release somebody from custody, but that clear law is has to be brought in the jurisdiction in which they are in custody. They were not in custody in DC. So, the government raised that objection, and the judge pretty much ignored it. The judge simply said that you know he’s going to rule on the merits of it and proceeded to issue some pretty crazy rulings, including that the airplanes in flight had to turn around, or the airplane in flight had to turn around. Of course, the judge could not have known whether it even had the fuel to make it back. And so it was just one thing after another. There was a second TRO the judge is now considering, holding the feds in contempt for not honoring his order to turn the planes around and total mess. But it’s a mess created by the judge because when they the government said, “hey judge, you have no jurisdiction here, they’re in the wrong place. Either dismiss this or send it to Texas.” The judge should have said you’re right, I’m done here.” Instead, he got deeply into the merits, issued some crazy orders, and that’s what happened. And, and you know it, it’s a case that the Supreme Court had to vacate
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