Despite what the Media headlines say to make Trump happy?
The full court gave a split decision for now …..
The court punted the case back to the migrants lawyer’s to file in a Appeals Court in Texas or elsewhere ….
(Not good for the migrants)
The court also told Trump & Co. the migrants CANNOT be shipped until they get a chance to contest their cases to that Appeals court…
So they are supposed to NOT just be put on a plane and exported …..
The Trump usage of the Alien Enemies Act was NOT addressed…..
THAT IS bound to make it to the court eventually…..
Instead, the majority ruled that the five Venezuelan immigrants who challenged the policy did so in the wrong court, leaving open the possibility that those targeted for deportation could refile their case in Texas or other jurisdictions where they are detained.
“The detainees are confined in Texas, so venue is improper in the District of Columbia,” the justices wrote of the challenge in U.S. District Court in D.C. “As a result, the Government is likely to succeed on the merits of this action.”
The ruling said detainees are entitled to notice within a reasonable time frame and must have an opportunity to challenge their removal, including the government’s use of the wartime act.
The decision appears to take the central legal issues of the case away from Judge James E. Boasberg of U.S. District Court in Washington, whose temporary restraining order blocking the deportations prompted impeachment calls from Trump and his allies and triggered a showdown between the president and the judiciary.
Chief Justice John G. Roberts Jr. and Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Brett M. Kavanaugh were in the majority on the ruling. Kavanaugh defended their decision in a brief statement, saying the majority’s disagreement with the other four justices “is not over whether the detainees receive judicial review of their transfers — all nine Members of the Court agree that judicial review is available. The only question is where that judicial review should occur.”….
…
The ACLU called the justices’ ruling that migrants are entitled to challenge the government’s claim that they are gang members “a huge victory.”
“We are disappointed that we will need to start the court process over again in a different venue but the critical point is that the Supreme Court said individuals must be given due process to challenge their removal under the Alien Enemies Act,” lead ACLU attorney Lee Gelernt said in a statement.
Jackson also wrote separately from the other liberals, sharply criticizing the majority for handling a complex matter through the court’s emergency docket rather than with the usual lengthy briefing and oral argument.
She invoked the court’s infamous decision during World War II to allow the internment of thousands of Japanese immigrants and Japanese American citizens, and said Trump is leaning on a centuries-old wartime statute to “whisk people away to a notoriously brutal, foreign-run prison. For lovers of liberty, this should be quite concerning.”…
Note….
This IS probably a warning to District judges and Courts to have their orders pertain to THEIR jurisdictions, which will REALLY make things strongers for the judges district wide , but cause MAJOR issues for Trump’s admin…..
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