(Conservative Treehouse) — President Donald Trump through the Acting Solicitor General has filed an emergency appeal to the Supreme Court seeking intervention and relief from lower court rulings blocking deportation efforts against criminal aliens.
The Department of Justice (DOJ) is arguing that lower court judge James Boasberg has unconstitutionally intruded on the president’s national security powers by barring Trump from using the two-century-old Alien Enemies Act to swiftly deport Venezuelans the administration says are members of Tren de Aragua:
Only this Court can stop rule-by-TRO (temporary restraining order) from further upending the separation of powers—the sooner, the better. Here, the district court’s orders have rebuffed the President’s judgments as to how to protect the Nation against foreign terrorist organizations and risk debilitating effects for delicate foreign negotiations.
More broadly, rule-by-TRO has become so commonplace among district courts that the Executive Branch’s basic functions are in peril. In the two months since Inauguration Day, district courts have issued more than 40 injunctions or TROs against the Executive Branch.
Whereas ‘district courts issued 14 universal injunctions against the federal government through the first three years of President Biden’s term,’ they issued ’15 universal injunctions (or temporary restraining orders) against the current Administration in February 2025 alone.’
This puts the issue squarely in the hands of the Supreme Court. As Politico reports:
Earlier this week, a divided panel of the D.C. Circuit Court of Appeals allowed Boasberg’s order to remain in place, leading to Trump’s emergency appeal at the Supreme Court. The panel splintered, with one judge raising concerns about due process, another suggesting Trump had misused the 1798 law by claiming Tren de Aragua had mounted an ‘invasion’ against the United States, and a third siding with the administration, arguing that the deportees should have filed their claims in Texas rather than Washington.
This is a major inflection point. Let’s see what happens.
Reprinted with permission from Conservative Treehouse.
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