Thursday, 01 May 2025

Supreme Court backs Trump on border security; Amy Coney Barrett waffles


by WorldTribune Staff, April 8, 2025 Real World News

In a 5-4 decision on Monday, the Supreme Court ruled that President Donald Trump can, for the time being, invoke the 1798 Alien Enemies Act to deport suspected illegal alien gang members.

The Supreme Court slapped down Judge James Boasberg’s ruling on the Trump Administration’s deportations of illegal alien gang members.

The top court granted the Trump Administration’s request to vacate the temporary restraining order U.S. District Judge James Boasberg placed on Trump’s executive order invoking the wartime act.

The three liberal justices dissented while Trump appointee Justice Amy Coney Barrett partially dissented, reports said.

The unsigned decision allows Trump to invoke the 1798 law while litigation involving the use of the act plays out in lower courts.

In response to the ruling, Trump posted on Truth Social: “The Supreme Court has upheld the Rule of Law in our Nation by allowing a President, whoever that may be, to be able to secure our Borders, and protect our families and our Country, itself. A GREAT DAY FOR JUSTICE IN AMERICA!”

The justices in the majority said the high court had already settled issues over the law in 1948 and limited judges’ ability to interfere with the president under the law to a habeas petition.

The gang members’ lawyers “challenge the Government’s interpretation of the Act and assert that they do not fall within the category of removable alien enemies. But we do not reach those arguments,” the justices ruled.

The justices also slammed Boasberg and the lawyers in the case for judge shopping, stating the alleged gang members were being held in a Texas detention center and had no right to have their case heard before Boasberg in Washington, DC.

“The detainees are confined in Texas, so venue is improper in the District of Columbia,” the justices declared.

The Supreme Court also paused a lower court judge’s ruling that ordered the Trump Administration to return by the end of the day Monday a man who had been deported to El Salvador.

Chief Justice John Roberts paused the order from U.S. District Judge Paula Xinis requiring that Kilmar Abrego Garcia be returned to the U.S. Xinis’s order came in response to a lawsuit filed by the man and his family.

“IT IS ORDERED that the April 4, 2025 order of the United States District Court for the District of Maryland, case No. 8:25-cv-951, is hereby stayed pending further order of the undersigned or of the Court. It is further ordered that a response to the application be filed on or before Tuesday, April 8th, 2025, by 5 p.m. (EDT),” the order stated.

Abrego Garcia had received a deportation protection order in 2019.

The Justice Department said he was a member of the violent MS-13 gang and was no longer eligible for such protections. Abrego Garcia’s lawyers have denied the allegation that he is a gang member.

Xinis found that the 2019 order was still in place, and wrote in her Sunday decision, “there were no legal grounds whatsoever for his arrest, detention or removal.” She said the removal of Abrego Garcia was “wholly lawless.”

In a filing to the Supreme Court, the Department of Justice said, “The United States cannot guarantee success in sensitive international negotiations in advance, least of all when a court imposes an absurdly compressed, mandatory deadline that vastly complicates the give-and-take of foreign-relations negotiations. The United States does not control the sovereign nation of El Salvador, nor can it compel El Salvador to follow a federal judge’s bidding.”

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