The Supreme Court temporarily halted the Trump administration’s efforts to use the Alien Enemies Act of 1798 to deport members of a violent prison gang early Saturday morning.
The ACLU sued to keep two planeloads of reported Tren de Aragua gang members from being sent to the prison in El Salvador.
The Court overstepped all precedent, ignored all lower courts, and issued the order in the middle of the night.
The Court could order an intense due process procedure that would make it impossible to deport the tens of millions of unvetted illegal aliens who Democrats allowed into the country. That would be the end of President Trump’s plan to deport the criminal aliens at the rate they need to be deported. He has so little time.
It is possible that SCOTUS will not issue a demand for an intense process, but no matter what they do, it will slow or halt deportations as the leftist lower court judges continue to rule the nation.
When the January 6 defendants were denied due process, no one cared.
Some Republicans Are Not Helping
It hasn’t been helpful to have Senator Murkowski call for President Trump’s resignation over the so-called damage he has done. She said nothing when Democrats flooded the country with unvetted people from all over the world. Murkowski was silent as tariffs continued to send US manufacturing overseas, and our budget deficit rose $7 trillion under Joe Biden.
Senator John Kennedy’s remarks to the corrupt NBC “News” network didn’t help. He said they won’t “admit their mistake,” although they have.
“Look, this was a screw-up in my opinion,” the Louisiana Republican said during an interview with NBC’s Kristen Welker on April 20. “The administration won’t admit it. But this was a screw-up.”
“And I understand why the administration has bowed up and won’t admit it’s a mistake,” he added. “Because if they do, they’ll have their throats torn out. But it was a screw-up.”
Kennedy also defended top Trump officials, saying that he does not believe the wrongful deportation reflects his administration’s overall record.
“I don’t see any pattern here,” Kennedy said. “I’ve been listening to my Democratic friends say for, I don’t know, since God was a child, that Trump is a threat to democracy. I don’t see any pattern here. I see a screw-up.”
Actually, some of us would disagree that it was a mistake.
KABOOMTRUMP IS GOING TO GET RID OF THE GANG MEMBERS, THE MURDERERS, THE RAPISTS, THE TERRORISTS❗️❗️❗️Tom Emmer GOPMajorityWhip❗️PRESIDENT TRUMP MADE IT VERY CLEAR — AND I THINK THEY'RE DOING A GOOD JOB OF IT.
TRUMP GETTING RID OF THE GANG MEMBERS, THE… pic.twitter.com/veY5IDDyRl
— 5DME81 (@5dme81) April 21, 2025
Trey Gowdy on Fox News was one of the first to rip into President Trump.
President Trump has also suggested sending the worst US criminals to CECOT. I don’t think that’s appropriate.
Background
President Donald Trump issued several executive orders to address illegal immigration and border security upon taking office Jan. 20, including designating Mexican drug cartels, the Venezuelan prison gang Tren de Aragua (TdA), and the El Salvadoran prison gang MS-13 as foreign terrorist organizations. Trump invoked the Alien Enemies Act of 1798 to speed up the deportation of Tren de Aragua (TdA) and MS-13 gang members on March 15.
Judge Boasberg issued a March 15 injunction ordering the Trump administration to turn two planes carrying members of TdA to El Salvador around. Boasberg has since threatened to hold the Trump administration in contempt of court for not turning the planes around. He has since admitted he could not issue a nationwide order to stop Tren de Aragua planes to CECOT, although he was sympathetic to the ACLU’s lawsuit.
Boasberg issued a contempt order, and the Supreme Court put a hold on it in response to the White House’s appeal.
Boasberg is a friend of Justice Roberts.
When Biden boasted of violating the Supreme Court’s order on college loan “forgiveness,” the Court did nothing. Obama’s DACA and DAPA were found to be unconstitutional, and the Court allowed them to continue. Texas tried to seal the border, and the Court sided with the radical left. The free speech case went down, and Coney-Barrett sided with the censorship regime. We could go on.
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Anybody else notice the clumsy assumptions made by the writer of this article?
ONLY the TDA gang members are involved in this decision because ICE wants to use this ancient law. ONLY the TDA gang members are supposed to get due process because they are being accused of being GANG MEMBERS.
Your ordinary, garden variety, illegal can still be deported. I don’t know why Trump and company just stop applying the Alien Enemies Act and just deport them UNLESS Trump wants to make certain they end up in jail and do not return. Now that the military is patrolling the border though, the odds of them returning should be virtually nil.
SCOTUS is the problem and I doubt if the country survives much longer if they keep this up. The people elected Trump whether the Court likes it or not what they are doing is saying that the election does not count or matter and to hell with the people this will be the end of everything this country was founded on if this stands. It is over.
Even in dissent Alito and Thomas hold the position that the SCOTUS supercedes the other two branches of government. That position is unconstitutional and subjects The People to rule by an unelected cabal of arrogant, tyrannical judges, who according to the Constitution, are only permitted to serve so long as they maintain “good behavior”. That is the same Constitution to which they swore an oath.
Neither the Congress or the SCOTUS can override Article II of the Constitution. The Executive is charged with a duty to preserve the Constitution just as are the Congress and the SCOTUS. If the Congress or the SCOTUS violate the Constitution it is the DUTY of the Executive to ignore them and follow the Constitution. If the Congress wants to amend Article II they have the power to pass an amendment and submit it to the states for ratification. If they so choose, the House can impeach the Executive, and have him/her tried in the Senate, and if convicted, removed from office. The SCOTUS has no power over the Executive, whatsoever. The SCOTUS is charged with preserving the Constitution within the Judicial Branch, i.e. overturning lower court decisions. Beyond that, they are out of their lane and must get off of the road. This is how the system was constructed by the Founders.
We must stop letting the SCOTUS act as the final arbiter of everything. That is rule by a cabal, not by The People through their elected representatives. The only ways to do that are for the Congress to impeach Justices, or to create an exception to jurisdiction as they are empowered in Article III, Section 2, Clause 2. The Executive must declare, and defy, as unconstitutional, such decisions by the SCOTUS.
Ultimately, underlying all of this is the imperative of having lawful and secure elections. That is the only way for the People to speak, and ENFORCE, their will.
“Whenever there shall be a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States… all natives, citizens, denizens, or subjects of the hostile nation or government… shall be liable to be apprehended, restrained, secured and removed, as alien enemies” (50 USC Chapter 3)”
Trump declared it. Article III power unconstitutionally interfering with Article II power. Judicial review unconstitutional. The constitutional choice for Trump to make is to ignore SCOTUS.
Exactly!
Neither the Congress or the SCOTUS can override Article II of the Constitution. The Executive is charged with a duty to preserve the Constitution just as are the Congress and the SCOTUS. If the Congress or the SCOTUS violate the Constitution it is the DUTY of the Executive to ignore them and follow the Constitution. If the Congress wants to amend Article II they have the power to pass an amendment and submit it to the states for ratification. If they so choose, the House can impeach the Executive, and have him/her tried in the Senate, and if convicted, removed from office. The SCOTUS has no power over the Executive, whatsoever. The SCOTUS is charged with preserving the Constitution within the Judicial Branch, i.e. overturning lower court decisions. Beyond that, they are out of their lane and must get off of the road. This is how the system was constructed by the Founders.
We must stop letting the SCOTUS act as the final arbiter of everything. That is rule by a cabal, not by The People through their elected representatives. The only ways to do that are for the Congress to impeach Justices, or to create an exception to jurisdiction as they are empowered in Article III, Section 2, Clause 2. The Executive must declare, and defy, as unconstitutional, such decisions by the SCOTUS.
Ultimately, underlying all of this is the imperative of having lawful and secure elections. That is the only way for the People to speak, and ENFORCE, their will.
SCOTUS has been “bought” except for Thomas and Alito. May God protect those two honest men.
In their dissent they made clear that they also hold the position that the SCOTUS is the supreme branch of government, which subjects us to rule by a cabal of unelected judges.