Stay Tuned with Preet SCOTUS Hands Trump Deportation Win (with Barb McQuade & Ben Wittes)
Apr 9, 2025
Barb McQuade, former U.S. Attorney, and Ben Wittes, editor-in-chief of Lawfare, dive into the Supreme Court's recent ruling on Trump’s deportation policy targeting Venezuelan gang members. They discuss the legal framework of the Alien Enemies Act and its implications for due process rights. The pair also tackle the controversial idea of a third presidential term for Trump, along with the challenges faced by individuals wrongfully deported, showcasing the complex layers of U.S. immigration law and justice.
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Supreme Court Deportation Ruling
- The Supreme Court vacated a temporary restraining order against deportations, citing procedural grounds.
- They said the plaintiffs should have filed a habeas corpus motion in Texas, not an APA lawsuit in Washington.
Impact of the Ruling
- The Supreme Court's ruling, while procedurally sound, ignores the urgency of the situation.
- It allows Trump to claim victory and instills fear, despite affirming due process rights.
Criticism of the Ruling
- The Supreme Court's decision makes it harder to restrain potentially unlawful conduct by the administration.
- The court ignored the context of the case and the difficulties of litigating for deported individuals.