There they go again...there seems to be something about the Supreme Court and abrupt Friday rulings regarding the Trump administration's deportation efforts. In an eight-page per curiam order issued Friday afternoon, the high court vacated the 5th Circuit's decision (dismissing the appeal of petitioner-detainees) and sent the case back to the 5th Circuit for further review of their appeal.
In doing so, the court reiterated that detainees subject to removal under the Alien Enemies Act (AEA) are entitled to proper notice and, without specifying what that notice should be, affirmed that "notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster."
This is going to be a rather tortured procedural history to lay out here, but before I do, I want to make several points:
All of the above said, this is a loss for the Trump administration — but it's a temporary one, and one that may not matter tremendously in the whole scheme of things. Nevertheless, Justice Samuel Alito has authored a dissent (in which Justice Clarence Thomas has joined). And Justice Brett Kavanaugh has authored a concurrence.
READ MORE: Supreme Court Halts Deportations Under the Alien Enemies Act
Here's the back story:
That's a lot to digest, but I'll just close with this: I'm not enthralled with Friday's ruling (and will spend some more time reviewing/analyzing it as soon as I have a chance) BUT it's not the end of the world, or even the end of the case.
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