Alito’s dissent in deportation case says court rushed to block Trump with middle-of-the night order
SUMMARY
Justice Samuel Alito, joined by Clarence Thomas, ripped into the Supreme Court’s 7-2 midnight order blocking Trump’s deportations of Venezuelans at Bluebonnet Detention Center in Texas under the 1798 Alien Enemies Act. Alito’s dissent, released April 20, blasted the court for acting “literally in the middle of the night” with “dubious factual support” and no government input, calling the ACLU’s emergency appeal—filed April 18—thin on evidence. “The Court issued unprecedented…relief without hearing from the opposing party,” he wrote, noting a DOJ lawyer’s April 18 claim that no flights were set for April 18-19. The majority’s brief order, issued 1:03 a.m. ET April 19, halted removals until further notice, requiring a chance for court challenges. The ACLU flagged 24 Venezuelans as Tren de Aragua members, facing deportation to El Salvador’s CECOT prison. Alito argued lower courts, like the 5th Circuit on April 19, needed a shot first.
