Advisory Opinions 🚨 Trump (Kind Of) Wins On Alien Enemies Act
22 snips
Apr 8, 2025 The discussion tackles the Supreme Court's emergency ruling on the Trump administration's application of the Alien Enemies Act. Key topics include due process, the 'clean hands' doctrine, and the challenges of forum shopping in immigration cases. The hosts explore complex legal nuances surrounding habeas corpus and the implications of removing individuals without notice. They also highlight the evolving roles of Justices Barrett and Roberts as new swing votes in critical decisions. A rich examination of constitutional issues within the immigration framework unfolds.
AI Snips
Chapters
Transcript
Episode notes
Emergency Docket Buckets
- The Supreme Court's emergency docket now includes cases related to money, immigration, and firings.
- The most substantial decision involves Venezuelan aliens removed under the Alien Enemies Act.
Alien Enemies Act vs. INA
- The Trump administration used the Alien Enemies Act to expedite deportations of Venezuelans.
- They aimed to bypass due process afforded by the INA, prioritizing speed over established procedures.
Due Process and Venue
- While the Supreme Court ruled 9-0 on due process, they split 5-4 on the venue for judicial review.
- The dissent argued the case falls under the Administrative Procedures Act, allowing suit in D.C. District Court.