Alito wonders what the rush was
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Alito and Thomas dissented in the late night ruling. Alito's remarks:
The Supreme Court acted “literally in the middle of the night” and without sufficient explanation in blocking the Trump administration from deporting any Venezuelans held in northern Texas under an 18th-century wartime law, Justice Samuel Alito wrote in a sharp dissent that castigated the seven-member majority.
Joined by fellow conservative Justice Clarence Thomas, Alito said there was “dubious factual support” for granting the request in an emergency appeal from the American Civil Liberties Union. The group contended that immigration authorities appeared to be moving to restart such removals under the Alien Enemies Act of 1798.
No kidding, Justice Alito.
“Both the Executive and the Judiciary have an obligation to follow the law,” Alito said in the dissent released hours after the court’s intervention against Republican President Donald Trump’s administration....
Alito said that “unprecedented” relief was “hastily and prematurely granted.”
He wrote that it was not clear whether the Supreme Court had jurisdiction at this stage of the case, saying that not all legal avenues had been played out in lower courts and the justices had not had the chance to hear the government’s side.
“The only papers before this Court were those submitted by the applicants. The Court had not ordered or received a response by the Government regarding either the applicants’ factual allegations or any of the legal issues presented by the application. And the Court did not have the benefit of a Government response filed in any of the lower courts either,” Alito said.
Alito said the legal filings, “while alleging that the applicants were in imminent danger of removal, provided little concrete support for that allegation.” He noted that while the court did not hear directly from the government regarding any planned deportations under the Alien Enemies Act in this case, a government lawyer in a different matter had told a U.S. District Court in a hearing Friday evening that no such deportations were then planned to occur either Friday or Saturday.
“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,” Alito wrote. “I refused 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. Both the Executive and the Judiciary have an obligation to follow the law.”/apnews.com/article/alito-supreme-court-deport-trump-venezuelans-dissent-300f6ca71758f05d7518b69af58ad418
Meanwhile, in Texas:
Video from Friday night shows Immigration and Customs Enforcement buses full of Venezuelan migrants headed toward an airport in North Texas before abruptly turning around before the Supreme Court ruled the Trump administration must, for now, refrain from deporting Venezuelan men based in the state under the Alien Enemies Act.
At least 28 detainees — most, if not all, understood to be Venezuelan nationals — were placed on buses Friday evening at ICE’s Bluebonnet Detention Center in Anson, Texas, and then driven toward Abilene Airport about 30 miles away.
The motorcade — including at least 18 squad cars from various law enforcement agencies with flashing lights along the north Texas highways — left the ICE facility, with some men on board being told they were being deported to El Salvador and some told they were headed to Venezuela, according to the wife of one of the detainees and two lawyers representing other detainees at the facility. Prior to their departure, it was not clear what their destinations would be.
The video, obtained exclusively by NBC News, shows the ICE motorcade pass the airport’s exit and then turn around, looping back to return to the Bluebonnet detention facility.
