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Halls of Shrewd'm / US Policy❤
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Author: ptheland ✭  😊 😞
Number: of 48466 
Subject: Alien Enemies act appeal
Date: 03/27/2025 12:58 PM
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No. of Recommendations: 9
The U.S. Court of Appeals for the D.C. Circuit on Wednesday rejected the Trump administration's effort to lift U.S. District Judge James Boasberg's block on deportations under the Alien Enemies Act.

The Trump administration's attempt to remove alleged migrant gang members in that manner deprives the men of "even a gossamer thread of due process," Judge Patricia Millett wrote in her concurring opinion.

"The true mark of this great Nation under law is that we adhere to legal requirements even when it is hard, even when important national interests are at stake, and even when the claimant may be unpopular," she wrote. "For if the government can choose to abandon fair and equal process for some people, it can do the same for everyone."

https://abcnews.go.com/US/appeals-court-affirms-ju...

The only concern I have is that this wasn't a unanimous decision. The dissenter objected on procedural grounds, saying the case should have been brought in Texas rather than DC.

--Peter
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Author: onepoorguy 🐝  😊 😞
Number: of 48466 
Subject: Re: Alien Enemies act appeal
Date: 03/27/2025 1:30 PM
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The concern I have is the strange legal maneuvers. As I understand it (IANAL), TROs are not appealable. But they are being appealed. How does that work? The TRO (again, as I understand it) is supposed to be in effect until a full hearing on the matter is held, and settles the matter. THEN you can appeal THAT ruling. But not the TRO.

I believe Boasberg issued a TRO.
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Author: ptheland ✭  😊 😞
Number: of 48466 
Subject: Re: Alien Enemies act appeal
Date: 03/27/2025 3:29 PM
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As I understand it (IANAL), TROs are not appealable. But they are being appealed. How does that work?

IAANAL (slip an "also" in there), but my understanding is that the appeal was on the judge's ability to issue the TRO, not on the contents of the TRO. The argument was that there was no immediate harm to be halted by issuing a TRO - an argument that, from my non-lawyer reading, pretty much got laughed out of the appeals court. Even the dissenter didn't try to argue against that point. He had to try to slip a venue argument in there to justify his Trump-but-kissing.

--Peter
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