re: Trump's effort to lift Judge Boasberg's order gets an appeals court hearing on March 24th

And that's why we can't depend on the SC to do all the heavy lifting. From inception all the way through, Trump and team must anticipate and get ahead of these rogue judges. And the elected lawmakers need to get off their arse and start getting bills passed to address some of this.

Just like today, when he announces his EO, you already know that there will a district judge with pen in hand ready to sign whatever is put in front of him. Obviously I am not a lawyer(thank God). But there has to be some counter to this. Besides just waiting/hoping on a higher court ruling.

I think the media on both sides are whipping these issues into something so much bigger than they have to be. And politics fan the flames.

Is anybody really opposed to legitimate checks and balances by the judiciary on the executive branch? I hope not.

POTUS is trying to leverage the Alien Enemies Act in a way that's never been done. There is a legit question whether that's legal, and the Judicial branch is where that should be answered.

Setting aside whether you think AEA gives the President this authority, why did the detainees need to be shipped to El Salvador so quickly rather than sitting in a US jail? OTOH, if they are still allowed to challenge their deportation, does it matter where they are held?

The judge received a habeas petition from some of the detainees when it was leaked they were being shipped out, and he ordered a 14 day stay on their deportation to maintain status quo while he tries to sort through the AEA issues. I don't think that's unreasonable, although one could argue it's not necessary provided the defendants are still afforded a hearing and some semblance of due process.

And somehow people are conflating this with the national injunction issue. Maybe I'm missing something in the Judge's 14 day TRO.

Now this has boiled down to a fight over a District Judge's ability to enforce a TRO against the Executive branch. That's an unnecessary fight, and a distraction from the legit legal issues in the case.

If what she says is true, that the Alien Act is NOT up for judicial review (totally up to the president), then how can Judge Boasberg file contempt charges against anyone in the Trump administration?

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If what she says is true, that the Alien Act is NOT up for judicial review (totally up to the president), then how can Judge Boasberg file contempt charges against anyone in the Trump administration?

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What she said could be true but is most likely false.

SCOTUS has held that a removal order under the AEA is no reviewable.
That is clear.

What is less clear is whether courts can review the "construction and validity" of the Act. SCOTUS reasoned, though did not hold:

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resort to the courts may be had only to challenge the construction and validity of the statute and to question the existence of the "declared war," as has been done in this case.

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Still, it is clear as day that this Judge is not interested in all of this - he is singularly interested in playing "gotcha" and trying his best to find some reason to hold the government in contempt.

Another alt? Good luck!

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If I’m the judge I’m getting to the bottom of that.

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Is anybody really opposed to legitimate checks and balances by the judiciary on the executive branch? I hope not.

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I'm sure some may take this position, but it's moot to this proceeding. The DOJ admits the court may act via habeas for any specific set of detainees. The detainees on the El Salvador flight waived this course of action. The legal firms bringing forth the action made it about the AEA.

The procedural ramifications to this choice are huge. First, they wouldn't have jurisdiction in the DC Circuit. Thus, this type of attack allows for judge shopping. Second, the habeas petition wouldn't give rise to an order affecting the entire nation.

Indeed, it would likely lead to a jurisdiction split allowing the matter to proceed through the appellate pathway with a possibility of reaching the USSC.

The means and method of attempting this relief is the one that mars the spirit of our system.

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Setting aside whether you think AEA gives the President this authority, why did the detainees need to be shipped to El Salvador so quickly rather than sitting in a US jail? OTOH, if they are still allowed to challenge their deportation, does it matter where they are held?

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It wasn't hastily from the POV of the Executive Branch. Instead, it was one part of a multi-part state effort to negotiate with foreign governments. Kozak Declaration

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nd somehow people are conflating this with the national injunction issue. Maybe I'm missing something in the Judge's 14 day TRO.

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Styling it as a TRO could procedurally impact whether the order is even subject to appeal. Reply in Suport (sic) of the Emergency Motion to Stay Appeal

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And somehow people are conflating this with the national injunction issue. Maybe I'm missing something in the Judge's 14 day TRO.

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There may be multiple different complaints that you are commingling. Some are concerned about the judiciary interfering in executive actions. For those, the procedural distinctions made above are relatively moot. Also, as noted, there is an affidavit of actual harm from the order.
Others are more concerned about the overall process of bastardizing procedural rules so there is a net effect of any district court judge the ability to set nationwide policy.

I'm certain there would have been people that would be upset if a habeas petition was granted in the jurisdiction where the detainees were held. Nevertheless, such a ruling would not corrupt the current system by enlarging both a district court's power and jurisdiction beyond the district that it resides in. Allowing the DC Circuit to opine about actions and issue orders based on any executive action would seem to expand the power of a given circuit far more than necessary.

and Decatur. just sign in as yourself and post that court document where Judge Boasberg said, SCOTUS has made this crystal clear. I presume this is his reference to Roberts having his people leak his statement to the MSM the other day.

Also, is it true that the DOBBS leak was from Roberts team?

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. I don't think that's unreasonable

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Perhaps. The issue is, this judge not only has deep personal conflicts on multiple levels, but is part and parcel of a broad and clear left wing lawfare agenda. One that has struck every meaningful Trump initiative along clear party lines. A pattern that has long since galloped beyond coincidence.

That’s an issue that must be addressed, or the office of the president and the authority vested in it becomes all but meaningless.