Justice Alito’s Midnight Dissent Shakes Supreme Court

Clear Facts

• Justice Samuel Alito criticized the Supreme Court for bypassing normal procedures to halt deportations under the Alien Enemies Act of 1798.
• The Supreme Court issued an order at 1 a.m. to prevent the deportation of alleged Venezuelan gang members without lower court input.
• Justice Alito’s dissent, joined by Justice Clarence Thomas, emphasized the need for the judiciary and executive to follow established legal procedures.

In a late-night dissent, Justice Samuel Alito expressed strong disapproval of the Supreme Court’s decision to bypass standard legal procedures to halt deportations under the Alien Enemies Act of 1798. The decision came in the early hours of Saturday morning, as the Court issued an order preventing the Trump administration from deporting alleged members of the Venezuelan Tren De Aragua gang.

Alito, joined by Justice Clarence Thomas, criticized the Court’s action, stating, “In sum, literally in the middle of the night, the Court issued unprecedented and legally questionable relief without giving the lower courts a chance to rule, without hearing from the opposing party, within eight hours of receiving the application, with dubious factual support for its order, and without providing any explanation for its order.”

Earlier, District Court Judge James Boasberg had ordered the Trump administration to cease deportations under the act, even if it meant turning planes around. However, on April 7, the Supreme Court overturned Boasberg’s orders in a 5-4 decision, citing jurisdictional issues, and allowed the administration to proceed with deportations while mandating that detainees be notified in a timely manner.

In a related legal battle, the American Civil Liberties Union (ACLU) sought a temporary restraining order from District Court Judge James Wesley Hendrix on Friday. The ACLU’s request was quickly escalated to the Fifth Circuit Court of Appeals after Hendrix was given only 42 minutes to respond. The Fifth Circuit ultimately ruled that it lacked jurisdiction.

Alito underscored the importance of adhering to legal protocols, writing, “The Executive must proceed under the terms of our order in Trump v. J. G. G. […] and this Court should follow established procedures.”

Meanwhile, Judge Boasberg threatened the administration with criminal contempt for allegedly defying his order by allowing flights to land in El Salvador. The ACLU has since asked the Supreme Court for further guidance on whether the Alien Enemies Act can be applied outside wartime against a criminal organization, noting the complexity and rarity of such a legal question.

The ACLU’s filing highlighted the extraordinary nature of their request, given the district court has not ruled on the merits. They argued it was necessary due to the government’s actions and the potential need for multiple habeas actions across different districts.

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