Supreme Court Justice Samuel Alito, joined by Justice Clarence Thomas, filed a strongly-worded dissent on Sunday harshly criticizing the court’s order temporarily blocking the Trump administration from deporting members of the Venezuelan Tren de Aragua gang under the Alien Enemies Act of 1798..
Alito pointed out the Supreme Court acted “literally in the middle of the night” Saturday without sufficiently explaining why the “unprecedented” relief was “hastily and prematurely granted.”
The justice called the ruling “legally questionable” and noted lower courts weren’t given a chance to rule on the case.
The decision came “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,” he wrote.
“I refuse to join the Court’s order because we had no good reason to think that, under the circumstances, issuing an order at midnight was necessary or appropriate,” Alito added.
Closing his argument, Justice Alito wrote that the Executive and Judiciary branches both have obligations to follow the Constitution and that the former “must proceed under the terms of” the order in Trump v. J. G. G., 604 U.S. (2025).”
“This Court should follow established procedures,” he concluded the dissent.
The SCOTUS order came in response to an American Civil Liberties Union (ACLU) emergency request on behalf of two Venezuelan nationals late on April 18.
Townhall columnist and legal analyst Phil Holloway wrote that the Court’s overnight decision makes America appear to be functioning like a banana republic.
A constitutional crisis is truly unfolding, but it’s totally different than what Democrats and mainstream media outlets have been crying about in recent months.
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