Supreme Court Justice Samuel Alito unleashed a blazing dissent to the Court’s decision to insert itself into the deportation of Venezuelan Tren de Aragua thugs under the Alien Enemies Act; see Supreme Court Halts Deportations Under the Alien Enemies Act – RedState. In a dissent joined only by Justice Clarence Thomas, Justice Alito castigated his colleagues for their decision in the early hours of Saturday to interfere in a decision that the Fifth Circuit was still adjudicating. “Shortly after midnight yesterday,” wrote Alito, “the Court hastily and prematurely granted unprecedented emergency relief.”
Alito lays out all the problems with the Court’s actions:
- It is not clear that the Court had jurisdiction.
- The ACLU probably did not have the authority to appeal to the Fifth Circuit, much less to the Supreme Court.
- The Fifth Circuit was still considering the…