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The Trump administration, as expected, filed a brief with the United States Supreme Court on Friday, asking the justices to allow resumption of deportation flights of illegal aliens who are members of Venezuelan gang Tren de Aragua via flights to El Salvador through use of the Alien Enemies Act.
This could happen only if SCOTUS agrees to vacate Federal District Court Judge James Boasberg’s order from Saturday, Mar. 16, as my colleague Bob Hogue wrote in the wee hours of that Sunday morning:
The actions against the president began even before he signed the order.
Judge Threatens to Hold Trump DOJ in Contempt in Latest Order on Deportation Flights
Activist Nation: Judge Orders Plane Carrying Gangsters Kicked Out by Trump to Turn Around
The Federalist journalist, Professor Margot Cleveland reports that Chief Justice John Roberts requested response after receiving the government’s brief:
Cleveland praises the filing as “excellent,” with “extensive analysis”:
She explains that the argument is a “simple” one for the justices to consider:
Judge Boesberg LACKED jurisdiction. That’s all that matters & Judge Henderson ignored that flaw.
On Mar. 26, both Prof Cleveland and our own Susie Moore analyzed the D.C. Circuit’s refusal of a stay of Boasberg’s ruling requested by the Trump Justice Department (DOJ) in the Alien Enemies Act case:
One of those judges was also tripped up by the same “fatal flaw,” Cleveland writes. Finally, she suggests where this case could be heading–a chastisement of lower court judges by the Supreme Court:
There were several tangential court decisions on Friday, including what could end up being a momentary setback on the repatriation front for Team Trump, as a district court judge mulled halting the removal of a Venezuelan national whose activism in defense of the illegal horde was problematic, as we wrote.
But Team Trump notched one in the win column, with a Venezuelan illegal immigrant who “trained” other illegals to squat in vacant homes, among other violent and illegal activities, earning a one-way ticket home courtesy of the U.S. government:
Biden-Appointed Federal Judge Considers Blocking Repatriation of Denver-Area Illegal Alien Activist
Winning: Notorious Venezuelan Illegal Alien ‘Influencer’ Repatriated
One of those who appears to agree with Cleveland on what SCOTUS’ next move should be is Florida Attorney General James Uthmeier, who wrote on his X account on Friday:
AG Uthmeier wrote: “[T]his is dangerous judicial territory,” urging the justices to take action against judges continuing to make rulings that threaten “President Trump’s authority under Article II of the Constitution.”
This is a developing story. RedState will provide updates as warranted.
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