SCOTUS Justice ‘On Thin Ice’ If He Opposes Trump’s Deportation Order: Analysis
A well-known conservative journalist and broadcaster recently remarked that a crucial Supreme Court justice could be "on the thinnest of ice" if he decides against granting President Donald Trump the executive authority to enforce an old statute to swiftly deport suspected foreign gang members residing illegally in the country.
During a segment last week, SiriusXM host Megyn Kelly expressed concerns that Chief Justice John Roberts might be the conservative justice who opposes the president. Her worries come after Roberts made an unusual move earlier this month, publicly rebuking Trump’s call to impeach a lower court judge involved in the case.
Over the past few weeks, Chief Judge James Boasberg of the U.S. District Court in Washington, D.C., has repeatedly issued and extended temporary restraining orders blocking the administration’s attempt to use the Alien Enemies Act to deport members of the Venezuelan Tren de Aragua gang to a high-security facility in El Salvador.
Trump contends that by designating the gang members as terrorists, he has the legal right to invoke the 1798 law, allowing for their expedited deportation without the standard court hearings and due process.
Legal scholars point out that the Supreme Court reviewed the law after its use during World War II and determined in 1947 that presidents have absolute authority under the statute, with their decisions being immune from judicial challenge, even by the highest court in the nation.
Nonetheless, Kelly speculated in her discussion with political analyst Mark Halperin that Roberts might be inclined to rule against Trump.
“John Roberts, above all, knows if he hands down a ruling telling the commander-in-chief that the nine men and women in black robes have the final say over what is perceived as a military threat unleashed on us by a foreign government, he’s on the thinnest of possible ice,” she stated. “He’s so obsessed with the court. I just can’t see him wanting to do it.”
Halperin noted that while Roberts occasionally votes against Republican presidents, the Supreme Court may still rule in Trump’s favor.
“Well, he [Roberts] is an interesting figure because he does vote sometimes against Republican presidents, including this one,” Halperin observed. “He does care about the integrity of the court, the reputation of the court … I think that they’re going to rule some against the president in some form, and there are going to be some that are result-oriented. They don’t all rule on the merits, sad to say.”
“In this case and in comparable ones, as you suggested, as has been mentioned, deference to the commander-in-chief on this stuff is something where there’s clearly popular will. You can find that. You don’t need to look outside the walls of the Constitution to find that,” he added.
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“They’ll probably vote with the president on this one. But, Roberts has got to expedite these things,” he continued. “It doesn’t make any sense for America to not expedite them. These should be on the fastest of tracks. They should be on a track like Bush v. Gore, not treated at all like normal cases, because it’s a campaign promise and it’s happening now.”
Earlier on Friday, Boasberg extended his temporary restraining order blocking deportation flights. Initially set to expire on March 29, the order has now been extended to April 12, “or until further order of the Court,” according to Newsweek.
“The continued interference by an unelected activist judge in the foreign policy of the United States is a clear obstruction of President Trump’s constitutional authority and threatens the safety and security of all Americans,” a Department of Justice spokesperson told Newsweek.