Bulwark Takes

SCOTUS Delivers Gut Punch to Trump’s Due Process Fantasy

Apr 8, 2025
Ryan Goodman, a legal expert and friend from Just Security, joins Sam Stein to dissect a crucial Supreme Court ruling affecting Trump’s use of the Alien Enemies Act. They delve into its implications for Venezuelan migrants and due process rights, highlighting the court's unanimous stance on habeas corpus. The duo also discusses the legal intricacies surrounding deportations, the accountability of past actions, and the controversial MS-13 case that underscores the importance of evidence in judicial proceedings. Get ready for a deep dive into constitutional rights!
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INSIGHT

Due Process Rights Upheld

  • While the Supreme Court ruling seems like a win for the Trump administration, it requires due process.
  • Migrants targeted under the Alien Enemies Act must be warned and have the right to a Habeas petition.
INSIGHT

Unanswered Questions

  • The Supreme Court hasn't ruled on key issues like the constitutionality of the Alien Enemies Act.
  • How Venezuelans are identified as TDA members remains unanswered.
INSIGHT

Sotomayor's Dissent

  • Justice Sotomayor worries the ruling allows the administration to "disappear" people.
  • This concern arises despite the notification requirement under the Alien Enemies Act.
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