If Trump’s deportations under the Alien Enemies Act of 1798 go to SCOTUS, he will win. They reaffirmed it clearly in 1948, Ludecke v. Watkins The Supreme Court held: “The Alien Enemy Act precludes judicial review of the removal orders” “Full responsibility for the just https://t.co/ANP1IZ6SIQ
If Trump’s deportations under the Alien Enemies Act of 1798 goes to SCOTUS, he will in. They reaffirmed the power clearly in 1948. Ludecke v. Watkins, 335 U.S. 160 The Supreme Court held: “The Alien Enemy Act precludes judicial review of the removal order.” From the opinion:
For those crying about a District Court judge "ignored" by the @realDonaldTrump Admin and @StephenM's defense... have you read the decision from Ludecke v Watson regarding the Alien Enemies Act? What do I know... but "HELD: AEA preclude judicial review" seems pretty clear. https://t.co/M0QDOYaGmO https://t.co/G3rv7kIoV4
The ongoing debate surrounding the Alien Enemies Act of 1798 has gained renewed attention following comments from various legal analysts regarding the Supreme Court's historical rulings. The Supreme Court's 1948 decision in Ludecke v. Watkins clarified that removals under the Alien Enemies Act are non-justiciable, meaning they are not subject to judicial review. This interpretation has been referenced by several commentators, including legal experts who emphasize that a district court judge does not possess the authority to overturn this established precedent. The White House has echoed this sentiment, asserting that no court can review the deportation law. Stephen Miller, a former advisor, indicated that if the Trump administration's application of the Alien Enemies Act reaches the Supreme Court, it is likely that the majority will uphold the lack of jurisdiction for courts to weigh in on the matter. Legal analysts assert that the Supreme Court's ruling in Ludecke v. Watkins reaffirms the executive branch's authority in such deportation cases, suggesting that any challenges to this authority are misguided.