Did the Supreme Court just hand Donald Trump an enormous victory? That is certainly the impression you would get from the mainstream media. But it is not true.
At issue was Donald Trump’s use of the Alien Enemies act of 1798. Lawyers for those deported challenged Trump’s use of the law. A lawsuit was filed in a federal District Court. Before the merits of the case could be decided, the Court issued a temporary order blocking Trump’s use of the Alien Enemies Act while the issue is being litigated. Trump appealed the temporary order to the Circuit Court. He lost. He then appealed to the Supreme Court. Last night the court lifted the stay and allowed the Trump Administration to continue using the Alien Enemies Act while the merits of the case are litigated in District Court. Importantly, however the Court said that Trump must allow due process for those he seeks to deport. They must be informed of his intent to use the Alien Enemies Act, and be given a reasonable time period in which to challenge their deportation in court.
Not only was this not a permanent victory for trump on this issue, it was not even a temporary victory in any way other than rhetorically. While Donald Trump can temporarily continue to use the Alien Enemies Act, he must allow for due process. But denying due process was the whole reason he invoked this law in the first place. So really, this is a loss for Trump.
It remains to be seen how the issue will ultimately be decided by the courts, but going forward, due process must be provided. The question now is whether Donald Trump will allow for due process or whether he will violate this order of the Supreme Court. Time to place your bets!