This ongoing legal battle between the Trump administration and Judge James Boasberg over the Alien Enemies Act is shaping up to be a major constitutional showdown.
Key Takeaways:
- Supreme Court Precedent: As Stephen Miller pointed out on CNN, the Supreme Court has ruled that presidential removals under the Alien Enemies Act are not subject to judicial review. This means Trump’s actions should technically be immune from interference by lower courts.
- DOJ’s Defiance: The Justice Department has now twice refused to comply with Boasberg’s demands, arguing that sensitive national security details cannot be disclosed in a public hearing.
- Jurisdiction Question: The DOJ argues that since the deportation flights left U.S. airspace before Boasberg’s order, the judge has no jurisdiction over the deportees.
- Judge Boasberg’s Overreach? The judge ordered deportation planes to turn around—an action that many legal experts view as judicial overreach into executive authority.
What Happens Next?
- The Trump DOJ has appealed to the higher courts to intervene, which could bring the case before the Supreme Court.
- If the courts reinforce the Alien Enemies Act’s authority, it will be a major win for Trump’s immigration crackdown.
- If Boasberg’s ruling is upheld, it could set a dangerous precedent for judicial interference in national security decisions.
It’s clear that this legal fight has broader implications for executive power, national security, and immigration policy. Do you think the DOJ should continue defying Boasberg, or should the case be escalated to the Supreme Court immediately?