Today, the Supreme Court cleared the way for the deportation of alleged Venezuelan gang members under the wartime Alien Enemies Act, lifting U.S. District Judge James Boasberg’s temporary restraining order, ruling that he lacked the jurisdiction to address the matter.
However, the court also ruled that those subject to removal must have a chance for judicial review.
In a 5-4 decision, the court stated, "Detainees must receive notice after the date of this order that they are subject to removal under the Act. The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas (due process) relief in the proper venue before such removal occurs.”
Notably, “conservative” justice Amy Coney Barrett joined Justices Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson in dissent. (What a disappointment Barrett has been.)
U.S. District Judge James Boasberg, who is the judge responsible for blocking deportations, announced that he canceled a Tuesday court hearing in light of the high court's ruling because the Supreme Court determined that the "appropriate venue for such proceedings is the Southern District of Texas or wherever plaintiffs subject to potential removal are currently being held.”
Boasberg is the chief judge of the United States District Court for the District of Columbia, not Texas. This speaks to the idea that these cases should be brought in the jurisdictions where the parties are seeking relief, and that relief, if granted, cannot lead to a blanket universal injunction handed out by a single district court judge.
There’s a lot to unpack regarding these legal battles, and the lawfare being waged on both sides is quite fluid and confusing, by design.
These high-level legal questions are discussed in my radio interview with The Conservative Voice, which you can watch using the video above. (Just as an FYI, the video feed doesn’t sync with the audio.)
Hope you enjoy it!
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