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Justice Samuel Alito has choice words for his high bench colleagues who released a blanket opinion “literally in the middle of the night” on Saturday, ordering the Trump administration to halt the deportation of Venezuelans suspected of being Tren De Aragua gang members from custody in the Northern District of Texas.
In his dissent joined by Justice Clarence Thomas, Alito argued the court “hastily and prematurely granted unprecedented emergency relief” to an expanded number of suspected criminal aliens in a “legally questionable” manner — especially because “it is not clear that the Court had jurisdiction.”
Contrary to his fellow justices’ assumption of authority, Alito noted even the Fifth Circuit “held that it lacked jurisdiction” because it was unsure whether a District Court’s failure to rule on the alleged gang members’ request for a temporary restraining order “before the expiration of a truncated counsel-imposed deadline” counted as a denial. Alito clarified later in the dissent that the counsel for the Venezuelans “insisted on a ruling within 45 minutes on Good Friday afternoon” and proceeded with an appeal when that demand was not met.
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