Alito's Dissent In Deportation Case Says Court Rushed To Block Trump With Middle-of-the Night Order

Justice Samuel Alito has written a sharp dissent that castigates the seven-member majority.

WASHINGTON (AP) — The Supreme Court acted “literally in the middle of the night” and without sufficient explanation in blocking the Trump administration from deporting any Venezuelans held in northern Texas under an 18th-century wartime law, Justice Samuel Alito wrote in a sharp dissent that castigated the seven-member majority.

Joined by fellow conservative Justice Clarence Thomas, Alito said there was “dubious factual support” for granting the request in an emergency appeal from the American Civil Liberties Union. The group contended that immigration authorities appeared to be moving to restart such removals under the Alien Enemies Act of 1798.

The majority did not provide a detailed explanation in the order early Saturday, as is typical, but the court previously said deportations could proceed only after those about to be removed had a chance to argue their case in court and were given “a reasonable time” to contest their pending removals.

“Both the Executive and the Judiciary have an obligation to follow the law,” Alito said in the dissent released hours after the court’s intervention against Republican President Donald Trump’s administration.

The justices’ brief order directed the administration not to remove Venezuelans held in the Bluebonnet Detention Center “until further order of this court.”