SCOTUS upholds US Constitution - just! Rules 5-4 against Boasberg and for Trump
From here:
“The Supreme Court decision reversing U.S. District Judge James Boasberg’s block on President Donald Trump’s deportation of gang members under the Alien Enemies Act sent a stern message to federal judges nationwide that overreach and venue shopping won't be tolerated.”
It was a close run issue:
“In a 5-4 decision, the justices opted Monday both to overturn the Boasberg order halting Trump’s enforcement of the AEA, but also declared the D.C. District of Columbia an inappropriate venue for the case in light of the gang member's detention in Texas.”
There is a caveat:
“Regardless of whether the detainees formally request release from confinement, because their claims for relief 'necessarily imply the invalidity’ of their confinement and removal under the AEA, their claims fall within the ‘core’ of the writ of habeas corpus and thus must be brought in habeas,” the judges wrote. “The detainees are confined in Texas, so venue is improper in the District of Columbia. As a result, the Government is likely to succeed on the merits of this action.”
Which means this:
“They did, however, assert that the Venezuelans in custody had the right to challenge their deportations.”
Take the win – as far as it goes!
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Onwards!!!