Justice Alito Condemns Supreme Court's Midnight Intervention on Deportations

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Justice Alito Condemns Supreme Court's Midnight Intervention on Alien Enemies Act Deportations

 

In a forceful dissent, U.S. Supreme Court Justice Samuel Alito sharply criticized his fellow justices for issuing a temporary order that halted the deportation of a group of Venezuelan migrants under the Alien Enemies Act, calling the court’s late-night action “unprecedented and legally questionable.” The emergency order, issued in the early hours of Saturday morning, blocked the Trump administration from using the 1798 wartime law to remove the Venezuelans who are currently being held in Texas.

 

Alito, joined in his dissent by fellow conservative Justice Clarence Thomas, expressed alarm over the court’s swift and secretive decision-making process. “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 his opinion.

 

 

The terse overnight order had initially only included a brief line acknowledging the dissent of Alito and Thomas. However, Alito later expanded on his criticism, arguing that the court had acted “hastily and prematurely” in providing emergency relief, a move he described as out of step with both legal tradition and procedural fairness.

 

The case revolves around President Donald Trump’s invocation of the centuries-old Alien Enemies Act as a mechanism to expedite deportations during what his administration deems a time of national emergency. The law, originally enacted in 1798, allows the government to detain or remove nationals of hostile foreign powers during wartime, but its modern use for immigration enforcement is highly controversial.

 

Trump’s administration is attempting to employ the law to bypass typical legal review processes and speed up removals. Immigrant advocacy groups quickly challenged the use of the law, warning that the detainees faced imminent deportation and that their rights to due process were being violated.

In their emergency petition to the Supreme Court, these groups argued that allowing deportations to proceed before a lower court could rule on the matter would cause irreversible harm. The high court’s temporary order sided with the groups, pausing the deportations for now, though it remains unclear how long the stay will remain in effect.

 

Justice Alito’s dissent represents the latest twist in a complex legal battle over executive power and immigration enforcement. His critique underscored concerns that the court was overstepping its traditional role by issuing emergency relief without proper procedural safeguards.

The Supreme Court is expected to issue a more detailed and formal ruling in the coming days that will determine whether the Trump administration can proceed with deportations under the Alien Enemies Act. In the meantime, the temporary stay remains in effect, leaving the fate of the detained Venezuelans hanging in the balance.

 

Adpated by ASEAN Now from CNN  2025-04-21

 

 

[Chomper Higgot]

Sore looser.

 

One might say salty about it.

[flyingtlger]

[stevenl]

So he wants a repeat of the Garcia case? First deport, then ask the administration to please see if they can get them back?

[CanadaSam]

Trump & co. are clearly aiming for an all out war between executive and judicial branches, hoping for a win, thus allowing them to continue all sorts of illegal and anti-constitutional acts unhampered in future.

 

Gov't is hastily deporting people, against Supreme Court orders, and then trying to say they have no authority to bring them back, which is a joke, considering the clout that the US has against a third world country, one word from the White House would have Garcia on the very next plane back. 

 

But (I believe) Bukele was explicity coached and encouraged by Trump & co. to say that he would not return Garcia.

 

Obviously, if the Supreme Court did not pass this stay order (at midnight or whenever), many more (innocent?) people would be on planes out of the US, and the same lame excuse would be made in future by the White House that they have no ability to bring them back, therefore, the fast reaction from the court was in direct reaction to the fast actions of the White House, clearly a warranted and necessary action!

[FlorC]

It's going to get tough if only 1 (or 2) Supreme Court Justices are on the good side.

Hopefully Trump can bypass legal review processes and speed up removals.

[placeholder]

2 hours ago, FlorC said:

It's going to get tough if only 1 (or 2) Supreme Court Justices are on the good side.

Hopefully Trump can bypass legal review processes and speed up removals.

Dreaming of a fascist America?

[FlorC]

5 minutes ago, placeholder said:

Dreaming of a fascist America?

No that was the previous admin.

[placeholder]

1 minute ago, FlorC said:

No that was the previous admin.

What did they do that was an attempt to undermine one of the three constitutionally protected branches of government?

[Tug]

So judge fizsler oops I meant alito has his undies in a knot …..to bad it’s about time America starts fighting back against this fascist takeover.

[riclag]

The aclu has powers handed down from god!

 

Roberts has proclaimed in a post a while back to honor the appeals process , even though it was used in a conversation about impeachment.

 

Aclu  bypassed that process!

 

The SCOTUS appears to be playing politics!

 

“For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose.”

 

https://edition.cnn.com/2025/04/15/politics/analysis-trump-john-roberts-look-weak-abrego-garcia/index.html

 

 

[FlorC]

7 hours ago, placeholder said:

What did they do that was an attempt to undermine one of the three constitutionally protected branches of government?

You mean the branches of government thoroughly misused by the Biden admin ?

[placeholder]

17 minutes ago, FlorC said:

You mean the branches of government thoroughly misused by the Biden admin ?

What does that have to do with the executive branch threatening to defy the rulings of the judicial branch?

[FlorC]

11 hours ago, placeholder said:

What does that have to do with the executive branch threatening to defy the rulings of the judicial branch?

The judicial branch is full of appointed lefties carrying out the lefties agenda .

[placeholder]

24 minutes ago, FlorC said:

The judicial branch is full of appointed lefties carrying out the lefties agenda .

Like the Supreme Court?

[wombat]

[wombat]

19 hours ago, placeholder said:

Dreaming of a fascist America?

if it takes fascism to get round fascist judges...i say go for it

[placeholder]

9 minutes ago, wombat said:

if it takes fascism to get round fascist judges...i say go for it

Exactly how are these judges fascists? Do you think fascist just means bad?

[FlorC]

4 hours ago, placeholder said:

Exactly how are these judges fascists? Do you think fascist just means bad?

Do all your constant annoying questions in every thread ,count for your number 1 place

in POPULAR CONTRIBUTORS ?

That would explain a lot.

[Will B Good]

21 hours ago, riclag said:

The aclu has powers handed down from god!

 

Roberts has proclaimed in a post a while back to honor the appeals process , even though it was used in a conversation about impeachment.

 

Aclu  bypassed that process!

 

The SCOTUS appears to be playing politics!

 

“For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose.”

 

https://edition.cnn.com/2025/04/15/politics/analysis-trump-john-roberts-look-weak-abrego-garcia/index.html

 

 

 

 

The SCOTUS appears to be playing politics!......oh how we larfed......SCOTUS playing politics.....who would have thought.

 

[jas007]

5 minutes ago, Will B Good said:

 

 

The SCOTUS appears to be playing politics!......oh how we larfed......SCOTUS playing politics.....who would have thought.

 

I wouldn't say they're playing politics, but the potential deportees do have a point.  There is such a thing as due process and, if the deportations were allowed to proceed, they could have faced irreversible harm.  

 

Remember, during the next administration, the shoe could be on the other foot, politically.  The court is just looking out for the concept of due process. It's important. 

 

It remains to be seen how they will eventually rule on the merits.  At that point, Trump may well be allowed to proceed. 

[placeholder]

2 hours ago, FlorC said:

Do all your constant annoying questions in every thread ,count for your number 1 place

in POPULAR CONTRIBUTORS ?

That would explain a lot.

 

Let's face it. Your dubious assumptions and inaccurate language make your comments very questionable.