All hell broke loose when the Supreme Court issued this midnight ruling

Photo by Bill Mason from Unsplash

The Supreme Court inserted itself into the lawfare being waged against President Trump.

The result wasn’t what anyone expected.

And all hell broke loose when the Supreme Court issued this midnight ruling.

Justice Alito torches the majority for blocking Trump deportations 

In the wee hours of the morning of the Saturday on Easter weekend the Supreme Court handed down a bizarre unsigned order temporarily blocking the Trump administration from deporting illegal alien terrorists under the Alien Enemies Act.

“There is before the Court an application on behalf of a putative class of detainees seeking an injunction against their removal under the Alien Enemies Act. The matter is currently pending before the Fifth Circuit. Upon action by the Fifth Circuit, the Solicitor General is invited to file a response to the application before this Court as soon as possible. The Government is directed not to remove any member of the putative class of detainees from the United States until further order of this Court,” the unsigned order stated.

Seven Supreme Court Justices – including all three nominated by President Trump in his first term – signed on to a request made by the ACLU despite neither the Circuit Court or the District Court issuing a ruling nor even certifying a class of plaintiffs.

Justices Samuel Alito and Clarence Thomas were the two dissenters.

Alito torched his colleagues writing that the Supreme Court issued a ruling while providing no legal reasoning for said ruling or even allowing the government to submit an argument in response to the ACLU’s request to temporarily pause deportations.

“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.

There were no imminent deportations planned and Alito argued the court skipped to the head of line to issue a ruling in a situation with legal urgency as the lower courts had yet to have their say. 

“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 added.

Fourth Circuit Court Judge J. Harvie Wilkerson titillated the media with a ruling rejecting the administration’s request to stay an Obama judge’s ruling that the administration needed to take steps to return MS-13 gang member and illegal alien Kilmar Abrego Garcia to the United States from El Salvador.

Wilkerson accused the administration of lawlessness.

Alito turned that opinion around and said the courts also had to worry about lawless conduct that would erode faith in the judiciary and put the courts into a conflict with the executive that it can’t win.

“Both the Executive and the Judiciary have an obligation to follow the law,” Alito added. “The Executive must proceed under the terms of our order … and this Court should follow established procedures.”

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