Supreme Court News Could Be ‘Game Over’ for Democrats: CNN
The Justice Department has requested that a federal appeals court remove a judge’s temporary restriction on former President Donald Trump’s use of broad wartime authority to swiftly deport individuals believed to be linked to a Venezuelan gang.
During an almost hour-long session at the U.S. DC Circuit Court of Appeals, judges deliberated over the ongoing legal battle between the Trump administration and those affected by the recent proclamation. Earlier this month, Trump invoked the Alien Enemies Act to expedite the removal of these individuals from the United States.
The three-judge panel is now considering the administration’s appeal against two lower court rulings but has not indicated when a decision might be reached.
Two judges—one with a liberal perspective and the other conservative—posed numerous questions to attorneys from both sides. They examined whether those impacted by Trump’s proclamation were being deprived of essential due process rights, which would allow them to contest accusations that they are affiliated with the Venezuelan gang Tren de Aragua. The judges also inquired about the appropriate legal venue for such challenges.
Judge Karen Henderson, appointed by former President George H.W. Bush, refrained from asking questions throughout the proceedings.
CNN’s panel analyzed the case, with one legal expert suggesting that if the issue escalates to the U.S. Supreme Court, it could be “game over” for Democrats.
Xochitl Hinojosa, a former DOJ Public Affairs director, remarked, “This has been an unprecedented case from the beginning. The reality is, is that what the D.C. Circuit is ruling on is a very technical matter. They’re not ruling on the Alien Enemies Act. They’re actually ruling when it comes to a fight between Judge Boasberg and the Department of Justice. Justice, the Department of Justice and the administration, they used a statute from the 18th century.”
“And essentially the judge said, hold on, wait a minute, issued a TRO and said, I need some more information on this. This hasn’t been used in a long time. I would like some more information. The Justice Department stonewalled and instead they ended up filing this appeal that is now at the D.C. Circuit. So it is very process-oriented. I would say, as a general matter, no, I don’t think the Justice Department would be successful. But given how everything in this matter has been unprecedented, from the calling to impeach the judge to everyone from their Department of Justice leadership signing on to these filings, which never happens, it’s clear that there is a lot of politics being played here, and it’s unclear where that last judge is going to rule,” she elaborated.
“And it really could all come down to that then. Then of course, Mark, depending on how that goes, if Trump wins, then that’s a victory in this one specific sense, right? Not overall. But I mean, is his bet, Mark, is his hope that this eventually all goes to the Supreme Court, right?” host Erin Burnett asked.
“That’s where they want it to end up. The Trump administration wants to have more power and more ability to conduct deportations with a minimal amount of judicial oversight. And that’s where it is,” said Marc Caputo, a senior reporter at Axios.
“The Trump administration believes that the law is on their side and the court’s composition ultimately at the Supreme Court is also on their side. That is, the number of Republican-appointed Justices outnumber that of Democrats. And to them, those two factors are essentially the ballgame,” Caputo added.