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“Both the Executive and the Judiciary have an obligation to follow the law.”
Those thirteen words, penned by Justice Samuel Alito on Holy Saturday, represent the first admission by the judiciary that courts too can wrongly flout the law.
Justice Alito’s stark acknowledgement concluded his bullet-point evisceration of the Supreme Court’s “unprecedented” command that President Trump not remove a “putative class of detainees” under the Alien Enemies Act. The Supreme Court had entered that order shortly after midnight after the American Civil Liberties Union (“ACLU”) filed an emergency application asking alternatively for an emergency injunction, an immediate administrative injunction, a writ of mandamus, or a stay of removal, to prevent the Trump Administration from removing Venezuelans to El Salvador pursuant to the Alien Enemies Act.
The ACLU’s scattershot request for relief from the Supreme Court came a mere two days after they sued the Trump Administration in a federal court in Texas — and before that court or the Fifth Circuit Court of Appeals had an opportunity to rule on the request for an injunction barring the removal of any more aliens to El Salvador.
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