New: Appeals Court Rules on Trump Admin. Motion to Stay in Alien Enemies Act Case

AP Photo/Susan Walsh, File

There's been a lot of focus over the past week-and-a-half on the case filed against the Trump administration in the D.C. District Court challenging the administration's authority to remove individuals designated as Tren de Aragua gang members from the country pursuant to the Alien Enemies Act. 

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In a hastily called hearing Saturday before last, Judge James Boasberg entered a temporary restraining order (TRO) against the administration and ordered them not to remove the plaintiffs (later extended to an entire class of individuals), which arguably would have required turning planes that had already left U.S. airspace around. 

President Donald Trump was critical of Boasberg's ruling and called for his impeachment (though he was not alone in this). Not long after, Supreme Court Chief Justice John Roberts issued a public statement about the improvidence of using impeachment as a response to unfavorable rulings versus the appellate process. 

There's been further litigation on the issue since, including a motion by the government asking Boasberg to vacate his order and an appeal of his order to the D.C. Circuit Court of Appeals, along with a motion to stay the TRO pending litigation. 


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Oral argument on the matter was heard Monday before the Court of Appeals, and now, they've ruled, denying the motion to stay. 

Following Monday's oral argument before the Court of Appeals, it was evident that Judge Patricia Millett was leaning toward allowing the TRO to remain in place, while Judge Justin Walker seemed more inclined to grant the government's request to stay it. Judge Karen Henderson was the wild card of the bunch. 

Now, in what came as a bit of a surprise, she's sided with Millett, and the court, as noted, has denied the Trump administration's motion to stay. Both Millett and Henderson filed concurring opinions, while Walker filed a dissenting opinion. The full ruling may be viewed here, but here's some added insight into the decision (and why it's erroneous): 

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Both threads are worth a read, but the bottom line here is that there's a fundamental issue with the district court even having jurisdiction (and, thus, authority to issue the TRO) in the case. 

We can expect this ruling to be swiftly appealed to the Supreme Court, and RedState will, of course, continue to follow along and provide updates as they become available. 

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