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re: The U.S. Supreme Court blocks President Trump from deporting Venezuelan Aliens

Posted on 5/16/25 at 4:45 pm to
Posted by TTOWN RONMON
Member since Oct 2023
1531 posts
Posted on 5/16/25 at 4:45 pm to
No they didn't, they sent the case back down saying courts should not be getting involved. All they basically said is 24 hours is not enough time that could be them just saying at least give his lawyers time to inform his family etc. etc.

The merits of the case was not decided, by sending it back down with that warning, they were basically telling that judge to rule he can deport these people or else they will have to overturn his ruling.
Posted by SundayFunday
Member since Sep 2011
9868 posts
Posted on 5/16/25 at 4:46 pm to
quote:

This argument gives the President literally infinite powers with no avenue for redress


Only with respect to those illegally entering the nation (which was previously under the authority of the executive) - particularly those violent intent being the AEA use
Posted by High C
viewing the fall....
Member since Nov 2012
59468 posts
Posted on 5/16/25 at 4:47 pm to
quote:

The citation used by the court to make this ruling should be (re)examined, then.

You mean the Fifth Amendment?


Yes, I do. The Constitution is a great document, but it’s not infallible. That goes for the amendments, as well. We’re back to intent vs. letter of the law on a Constitutional level. Hell, the Constitution required amending before it was even ratified, and that was at the time it was written, not almost 250 years later. The Anti-Federalists recognized it and got it done as a condition of ratification.

I’ll toss the 18th Amendment out there, too.

Posted by jimmy the leg
Member since Aug 2007
42290 posts
Posted on 5/16/25 at 4:47 pm to
quote:

There is no invasion


I disagree, as do those that have been victimized by the invaders.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
466938 posts
Posted on 5/16/25 at 4:49 pm to
quote:

Only with respect to those illegally entering the nation

We were talking about suspending habeas in that digression, just FWIW.

Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
466938 posts
Posted on 5/16/25 at 4:49 pm to
quote:

I disagree, as do those that have been victimized by the invaders.

Facts don't care about your feelings.
Posted by junkfunky
Member since Jan 2011
35789 posts
Posted on 5/16/25 at 4:50 pm to
quote:

That’s the key phrase. People can be deported under the usual law.


Are terrorists only enemies of America if they are domestic caucasians?
Posted by Lightning
Texas
Member since May 2014
3118 posts
Posted on 5/16/25 at 4:50 pm to
quote:

The Supreme Court is only remanding the case to the Fifth Circuit to determine what “notice” aliens under the AEA are entitled to before they can be removed. I would say 5-7 days notice is likely reasonable under the circumstances.

Interestingly, the Court isn’t ruling Trump can’t use the AEA, only that more than 24 hours notice to an alien is required to remove the alien. The Court also says the AEA cases have to be adjudicated quickly by the courts.

Not really a “victory” for the open borders crowd.


Agreed. Kicking it back to the 5th is annoying stalling by SCOTUS but Fifth Circuit isn't exactly friendly territory for illegal immigrants. They denied the illegal Venezuelans' appeal the first time, that's why this ended up at SCOTUS.
quote:

In the wake of those instructions, a group of Venezuelan men in immigration custody in the northern region of Texas went to federal court on April 16, seeking once again to block their removal under the Alien Enemies Act.

U.S. District Judge James Wesley Hendrix denied their request, indicating that the detainees were likely “not facing such an imminent threat.”

The detainees returned to Hendrix and renewed their request, telling him that some of them had been notified that their removal could indeed occur at any moment. Moreover, they told him, even the men who had received notices had only received notices in English, even though most of them speak only Spanish, and the notices did not inform the men that they can challenge their designation as “alien enemies.”

When Hendrix had not yet acted on their request, the detainees went to the 5th Circuit and then to the Supreme Court. Shortly before 1 a.m. on April 19, the Supreme Court ordered the government “not to remove any member of” the would-be class of detainees from the United States unless and until the Supreme Court indicates otherwise.

In its unsigned opinion on Friday afternoon, the justices explained that the court of appeals was wrong when it dismissed the detainees’ appeal on the ground that it lacked the power to review it. Appeals courts, the court reasoned, have the power to review non-final orders that “have ‘the practical effect of refusing an injunction.’” When a federal district court does not take action “in the face of extreme urgency and a high risk of ‘serious, perhaps irreparable,’ consequences may have” precisely that effect – as Hendrix’s failure to rule on the detainees’ request for more than 14 hours did, the court concluded.
SCOTUS Blog
Posted by JimEverett
Member since May 2020
1979 posts
Posted on 5/16/25 at 4:53 pm to
quote:

As JE posted earlier, it's clear that the Court is not happy with how the admin is using the AEA and keeps allowing the admin to try to unfrick itself (and it keeps failing).


Just to be clear - i didnt exactly sat that. The Court is peeved at how the specific Garcia situation (not AEA) went down. For that reason they are, as nicely as can be said, playing loose with their appellate jurisdiction.

But yeah, they are pissed and the government is not going to get any benefit of the doubt on these matters.
Posted by FightinTigersDammit
Louisiana North
Member since Mar 2006
46425 posts
Posted on 5/16/25 at 4:53 pm to
How much notice do illegals give that they are going to cross the US border?
Posted by High C
viewing the fall....
Member since Nov 2012
59468 posts
Posted on 5/16/25 at 4:54 pm to
quote:

I disagree, as do those that have been victimized by the invaders.

Facts don't care about your feelings.


It’s not facts, though. It’s just different feelings in a robe.

You probably wouldn’t get so much shite if you weren’t so fricking smug.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
112716 posts
Posted on 5/16/25 at 4:54 pm to
quote:

But yeah, they are pissed and the government is not going to get any benefit of the doubt on these matters.


So... what you're saying is these justices are making their ruling based.on improper, extraneous factors and not on the facts/law.

All the more basis to ignore their rulings.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
466938 posts
Posted on 5/16/25 at 4:59 pm to
quote:

You probably wouldn’t get so much shite if you weren’t so fricking smug

I'm using the popular sayings of the MAGA crowd. Nobody called them "smug" when they were using the same words in the same manner.

I get so much shite b/c emotional thinking has overtaken this board, and that being an example of it. The negative impact and crimes has nothing to do with the legal determination of an "invasion"
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
466938 posts
Posted on 5/16/25 at 5:00 pm to
quote:

what you're saying is these justices are making their ruling based.on improper, extraneous factors and not on the facts/law.

No

The government isn't being given its usual leeway/deference b/c it has always come off as a ruse.

quote:

All the more basis to ignore their rulings.

Certainly the emotional response the people who keep pushing the bad strategies are relying on.
Posted by Grumpy Nemesis
Member since Feb 2025
2033 posts
Posted on 5/16/25 at 5:00 pm to
quote:

I disagree, as do those that have been victimized by the invaders.

Facts don't care about your feelings


There is ABSOLUTELY an ongoing invasion
Posted by Lightning
Texas
Member since May 2014
3118 posts
Posted on 5/16/25 at 5:01 pm to
quote:

So... what you're saying is these justices are making their ruling based.on improper, extraneous factors and not on the facts/law.

All the more basis to ignore their rulings.


Kind of like Lincoln ignored the ex parte Merryman ruling that he did not have the authority to suspend habeas corpus. Lincoln ignored the Chief Justice and habeas remained suspended.
Posted by VOR
Member since Apr 2009
67567 posts
Posted on 5/16/25 at 5:11 pm to
This decision looks like it will require that a judge review the case. Something akin to due process, perhaps…The Alien EnemiesAct won’t be available
to grease the skids.
Mr. Garcia may eventually come home.



Posted by hogcard1964
Alabama
Member since Jan 2017
17581 posts
Posted on 5/16/25 at 5:12 pm to
He's already home.
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
80213 posts
Posted on 5/16/25 at 5:14 pm to

If you like the idea of suspending habeas corpus, this is exactly the kind of spark you're looking for.
Posted by Lightning
Texas
Member since May 2014
3118 posts
Posted on 5/16/25 at 5:18 pm to
quote:

This decision looks like it will require that a judge review the case. Something akin to due process, perhaps…The Alien EnemiesAct won’t be available
to grease the skids.
Mr. Garcia may eventually come home.



How exactly do you presume that a US court ruling can make the El Salvador government to send a Salvadoran citizen to the US?
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