Justice Samuel Alito Accuses Supreme Court of Taking 'Shortcut'
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources.
Justices Samuel Alito and Clarence Thomas took issue with the Supreme Court's opinion issued on Friday in regards to the Trump administration's use of the Alien Enemies Act (AEA), saying the court has no authority to issue the kind of relief his colleagues approved.
Alito accused his fellow justices of "a mischaracterization" of events leading up to the request for injunctive relief and offered a reinterpretation of those events. He stressed that in his view, "the Federal Rules do not permit such a shortcut" in regards to how the court certified a class of plaintiffs to resist the AEA use.
Newsweek reached out to the White House for comment via email on Friday afternoon.
Why It Matters
President Donald Trump has made mass deportations a centerpiece policy of his second administration. He promised to enact those deportations upon taking office, and had much public backing to do so, according to polling at the time.
However, he has faced legal gridlock on various aspects of his efforts, including his use of the 1798 AEA. Trump used the act to target alleged members of Venezuelan gang Tren de Aragua, which his administration has designated as a terrorist organization.
U.S. Supreme Court Justices Samuel Alito, left, and Clarence Thomas are pictured at the conclusion of the inauguration ceremonies in the Rotunda of the U.S. Capitol on January 20 in Washington, D.C.
U.S. Supreme Court Justices Samuel Alito, left, and Clarence Thomas are pictured at the conclusion of the inauguration ceremonies in the Rotunda of the U.S. Capitol on January 20 in Washington, D.C.What To Know
The Supreme Court in April issued an 11th-hour injunction blocking the administration's use of the AEA on certain persons in order to better consider the case. The court on Friday then issued a full opinion on the matter, in which the justices argued that the administration must provide greater notice than 24 hours that it intends to deport someone under the act.
Alito dissented from the per curiam opinion (meaning the opinion was issued from the court as a whole rather than a particular justice as the author), with only Thomas joining him in dissent.
Part of Alito's dissent took issue with the class of Venezuelan migrants at question, accusing his fellow justices of preferring to "ignore the important step of class certification and skip directly to the adjudication of the class members' rights."
"The Federal Rules do not permit such a shortcut," Alito wrote, separately noting in his dissent that the case of the two individuals—identified as A.A.R.P. or W.M.M.—have key differences from the putative class at the heart of the case, and continued to take issue with how the court has treated class certification and qualification.
"Instead of merely ruling on the application that is before us—which asks for emergency relief pending appeal—the Court takes the unusual step of granting certiorari before judgment, summarily vacating the judgment below dismissing the applicants' appeal, and remanding the case to the Court of Appeals with directions regarding the issues that court should address," Alito wrote.
"From the Court's order, it is not entirely clear whether the Court has silently decided issues that go beyond the question of interim relief," he wrote, adding, "(I certainly hope that it has not.) But if it has done so, today's order is doubly extraordinary."
He concluded: "If the Court has gone beyond that question, it has blazed a new
trail. It has plucked a case from a district court and decided important issues in the first instance. To my eyes, that looks far too much like an expansion of our original jurisdiction," saying that he "must therefore respectfully dissent."
What People Are Saying
Trump wrote on Truth Social: "The Supreme Court has just ruled that the worst murderers, drug dealers, gang members, and even those who are mentally insane, who came into our Country illegally, are not allowed to be forced out without going through a long, protracted, and expensive Legal Process, one that will take, possibly, many years for each person, and one that will allow these people to commit many crimes before they even see the inside of a Courthouse. The result of this decision will let more CRIMINALS pour into our Country, doing great harm to our cherished American public. It will also encourage other criminals to illegally enter our Country, wreaking havoc and bedlam wherever they go. The Supreme Court of the United States is not allowing me to do what I was elected to do. Sleepy Joe Biden allowed MILLIONS of Criminal Aliens to come into our Country without any "PROCESS" but, in order to get them out of our Country, we have to go through a long and extended PROCESS. In any event, thank you to Justice Alito and Justice Thomas for attempting to protect our Country. This is a bad and dangerous day for America!"
What Happens Next
The Supreme Court sent the case back to the Fifth Circuit Court of Appeals to consider appropriate procedures on how to properly alert potential deportees of their impending removal.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
USA Today
3 hours ago
- USA Today
'Civil rights for everyone!' LGBTQ+ community holds massive rally in DC
'Civil rights for everyone!' LGBTQ+ community holds massive rally in DC DC is hosting WorldPride at a time when rights for the queer community are being threatened. Show Caption Hide Caption Jim Obergefell talks LGBTQ+ rights 10 years after Supreme Court ruling Jim Obergefell, the lead plaintiff in the Supreme Court case that legalized gay marriage nationwide, looks back on its impact 10 years later. WASHINGTON − A crowd of hundreds of protesters clad in the colors of the rainbow gathered Sunday at the steps of the Lincoln Memorial to protest what organizers describe as a "coordinated, systematic attack" on human rights. The rally, which will conclude with a march to the Capitol, is part of WorldPride 2025, a global festival held in different cities and countries every year that promotes LGBTQ+ visibility and awareness. The event is being hosted by DC's Capital Pride Alliance, celebrating 50 years of Pride in the nation's capital. June is Pride Month, which comes amid a seismic shift in federal policy as the Trump administration turns back the clock on diversity, equity and inclusion rights the queer community battled to attain. Organizers warn that decades of progress in all human rights are under siege. "Our fundamental freedoms − and our very democracy − are at risk," organizers say on the website promoting the rally and march. "And if we fail to recognize the urgency of this moment, we'll only have ourselves to blame. Resist the marginalization and persecution of people just for being who they are." The front of the Reflecting Pool at the Lincoln Memorial was packed with Pride flags and flags representing trans and bisexual communities. The many signs read 'Proud and Gay,' 'Trans rights are human rights' and 'Gender affirming care saved my life.' The rally and march, which come a day after a parade through city streets, will be followed by the WorldPride DC Street Festival and concert. WorldPride comes to DC: Queer community vows to be 'louder than ever' Kat Robinson, 34, an active service member, attended the rally and march to protest the Trump administration's move to force transgender troops out of the military. In the first days in office, Trump issued executive order barring anyone who is transgender from military service, setting a June 6 deadline for transgender troops to leave voluntarily. While she is not transgender, the 15-year veteran said she knows many transgender troops who faced the decision of whether to leave the military voluntarily or stay and fight. She said it is becoming harder to put on the uniform and "represent something I deeply disagree with. This is not why I enlisted.''I am enraged by what is happening Robinson said. 'The language in the executive order was despicable and it makes me sick to my stomach.' The activities took place Sunday under cloudy skies with scattered showers. Miranda Burmeister, 29, and Danielle Caldwell, 33, drove seven hours from Connecticut to Washington to celebrate Pride and their wedding pair, who run a day care and have three children, said the mood has been celebratory, though they noted that the Trump administration and its anti-LGBTQ+ rhetoric and actions have cast a dark cloud over the event. But it was an urge to protest that brought them to the Lincoln Memorial on Sunday.'I wanted to fight back against the administration,' said Caldwell, a social said World Pride has been uplifting and inspiring.'It's nice to be around people who are like us and accepting,' she said. Many in the crowd wore ponchos and were holding umbrellas as they danced to pop songs − including Chappell Roan's 'Pink Pony Club."JC Cummings, an architect born and raised in Washington, has been attending the city's Pride festivals for decades. Cummings, 69, said this year's event is important because it provides hope and optimism in the face of 'attempted oppression.''It's almost as if we're partying while Rome is burning,' he said while holding a sign reading 'Civil rights for everyone!''We're thumbing our nose at (Trump)," he added. Several speakers addressed the crowd, including local organizers based in Washington and those who helped put on WorldPride. At one point, a video message from former Vice President Kamala Harris appeared on the large screens at the base of the Lincoln Memorial, bidding the crowd 'a happy WorldPride.''Pride is a celebration and it is also a statement − a statement about courage, about community and about determination,' Harris said.'In this moment as we gather with friends and allies across the world, let us be clear: No one should be made to fight on their own. We are all going through this together,' she said to an eruption of cheers. President Donald Trump marked his first day in office by signing an executive order to dimantle diversity, equity and inclusion practices. The transgender community has been a primary target of the ensuing directives. They incude moves to end gender-affirming care for minors, revive a ban on transgender people in the military, remove references to the community from the Stonewall National Monument website and direct that federal agencies recognize only two sexes, male and female − affecting the ability of transgender people to identify on items such as passports. The actions have led some corporate sponsors to end support of Pride parades and prompted safety concerns for LGBTQ+ people traveling internationally to the WorldPride festival. Trump's 'bullying': LGBTQ+ advocates decry President Trump's actions during Pride Month "WorldPride is occurring at a crucial time, bringing together voices from around the world to support the LGBTQ+ community's ongoing fight for equality, visibility, and justice," the organization says on its website. "We encourage everyone in our global community to participate in this historic moment. By showing up and supporting Pride events globally, the LGBTQ+ community will be visible, vigilant, and heard."
Newsweek
4 hours ago
- Newsweek
ICE Highlights Arrest of Accused Murderer Amid Los Angeles Protests
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. The Department of Homeland Security (DHS) on Sunday released information on 11 individuals arrested as part of deportation raids in Los Angeles, with the agency labeling them as "the worst of the worst illegal alien criminals." Newsweek has reached out to DHS for further comment by email outside of normal business hours on Sunday. Why It Matters The Trump administration has pledged to carry out the largest mass deportation in U.S. history and has conducted numerous Immigration and Customs Enforcement (ICE) raids, some of which have swept up individuals with proper documentation. President Donald Trump announced on Saturday evening that he had authorized the mobilization of 2,000 National Guard troops to Los Angeles after reported violence against law enforcement, specifically, ICE agents carrying out deportation raids in the city. While the raids are following legal directive from federal authorities, protests have amid reports that detainees were being held in the basement of a federal building. ICE denied these allegations, with a spokesperson previously telling Newsweek the agency "categorically refutes the assertions made by immigration activists in Los Angeles." The raids in Paramount, Los Angeles County, followed similar action in locations through other parts of the city on Friday, during which police arrested at least 44 people. Some protesters have thrown rocks at officers, with one allegedly throwing a Molotov cocktail, and burning items in the streets. Police responded with tear gas. The clashes highlight deepening conflicts between sanctuary jurisdictions and federal immigration policy, as Trump has implemented sweeping changes through executive orders and utilized the wartime Alien Enemies Act of 1798 to expand deportation authority. What To Know DHS released information about 11 individuals, including their country of origin and alleged crimes, some of which they have been charged with. All of the individuals are male and listed as illegal aliens who have committed crimes in California. These are just 11 of the hundreds arrested by ICE as part of the Trump administration's immigration crackdown. They include: A 49-year-old man from Vietnam with a criminal history including a conviction for second-degree murder, originally sentenced to 15 years to life. A 55-year-old man from the Philippines with a criminal history of burglary in Ontario, California, and sexual penetration with a foreign object with force and assault with intent to commit rape in Pomona, California. He faced four and 37 years in prison, respectively. A 55-year-old man from Mexico with a criminal history of discharging a firearm at an inhabited dwelling and vehicle with a sentence of 365 days in jail; battery on spouse or cohabitant with a sentence of four years of probation; willful cruelty to a child with a sentence of four years of probation; driving under the influence with a sentence of 10 days in jail; assault with semi-automatic firearm with a sentence of three years in jail; and personal use of a firearm with a sentence of three years in jail. A 44-year-old from Mexico with a criminal history including sexual battery with a sentence of 135 days in jail and five years of probation, receiving known or stolen property with a sentence of 90 days in jail and three years of probation, and petty theft with a sentence of 365 days in jail and four years of probation. A 38-year-old from Mexico with a criminal history that includes arrests for grand theft larceny and possession of a prohibited weapon. A 42-year-old from Ecuador with a criminal history that includes conspiracy to possess with intent to distribute five kilograms or more cocaine while on board a vessel in Tampa, Florida, with a sentence of 135 months in prison. A 32-year-old from Mexico with a criminal history including a conviction for possessing unlawful paraphernalia with a sentence of 112 days jail, possessing controlled substances with a sentence of 16 months in jail, assault with a deadly weapon: not firearm with a sentence of four years in jail; and obstructing a public officer with a sentence of 364 days in jail. A 51-year-old from Mexico with a criminal history including assault with a deadly weapon with great bodily injury with a sentence of 365 days in jail. A 43-year-old from Peru with a criminal history that includes a conviction for robbery that resulted in a 10-year sentence. A 32-year-old from Honduras with a criminal history that includes arrests for distribution of heroin and cocaine and domestic violence. A 26-year-old from Mexico with a criminal history that includes conspiracy to transport an illegal alien with a sentence of 239 days in jail. A sign on the exterior of the building housing the U.S. Department of Homeland Security in Washington, D.C. is seen. A sign on the exterior of the building housing the U.S. Department of Homeland Security in Washington, D.C. is seen. Stock Image via Getty Images What People Are Saying DHS Assistant Secretary Tricia McLaughlin in a press release said: "Why do Governor Newsom and Los Angeles Mayor Karen Bass care more about violent murderers and sex offenders than they do about protecting their own citizens? These rioters in Los Angeles are fighting to keep rapists, murderers, and other violent criminals loose on Los Angeles streets. Instead of rioting, they should be thanking ICE officers every single day who wake up and make our communities safer." White House press secretary Karoline Leavitt in a statement on Saturday: "In recent days, violent mobs have attacked ICE Officers and Federal Law Enforcement Agents carrying out basic deportation operations in Los Angeles, California. These operations are essential to halting and reversing the invasion of illegal criminals into the United States. In the wake of this violence, California's feckless Democrat leaders have completely abdicated their responsibility to protect their citizens. That is why President Trump has signed a Presidential Memorandum deploying 2,000 National Guardsmen to address the lawlessness that has been allowed to fester." She added: "The Trump Administration has a zero-tolerance policy for criminal behavior and violence, especially when that violence is aimed at law enforcement officers trying to do their jobs. These criminals will be arrested and swiftly brought to justice. The Commander-in-Chief will ensure the laws of the United States are executed fully and completely." Senior Trump adviser Stephen Miller wrote on X, formerly Twitter, on Saturday: "Deport the invaders, or surrender to insurrection. These are the choices." California Governor Gavin Newsom on X following Trump's National Guard announcement: "The federal government is moving to take over the California National Guard and deploy 2,000 soldiers. That move is purposefully inflammatory and will only escalate tensions. LA authorities are able to access law enforcement assistance at a moment's notice. We are in close coordination with the city and county, and there is currently no unmet need." He added: "The Guard has been admirably serving LA throughout recovery. This is the wrong mission and will erode public trust." What Happens Next? Protests have continued into Sunday after the National Guard arrived in Los Angeles and deployed to federal buildings around the city, including the Civic Center area, the LAPD's Central Division said.
Boston Globe
6 hours ago
- Boston Globe
Southern Baptists to vote on effort to overturn same-sex marriage
Conservative Christian activists hope to build on their movement's success in overturning Roe v. Wade, the now-defunct Supreme Court ruling that legalized abortion, in 2022, and to apply the legal and political strategies that proved effective for that victory. Public support for legal same-sex marriage remains high, with more than two-thirds of American adults supporting it. As with abortion, activists hope to gain political power despite their minority viewpoints. Get Starting Point A guide through the most important stories of the morning, delivered Monday through Friday. Enter Email Sign Up 'Christians are called to play the long game,' said Andrew T. Walker, an ethicist at a Southern Baptist seminary in Kentucky who wrote the resolution. He leads the Southern Baptist Convention's resolution committee, which coordinates proposals from Baptists around the country to be put for a vote at the annual meeting. Related : Advertisement 'There are burgeoning embryonic efforts being discussed at the legal-strategy level on how to begin to challenge Obergefell,' he said. 'How do we take the lessons from Roe that took 50 years? What is the legal strategy to overturn Obergefell at some point in the future?' Advertisement Activists are aware that their mission may take years. But the resolution calling for this concrete action shows 'a deepening of Southern Baptist thinking on this issue' and a recognition of the need for a long-term strategy similar to the one that ended a constitutional right to abortion, said R. Albert Mohler Jr., president of the Southern Baptist Theological Seminary. He said 'there's a great deal of engagement' on this issue between Southern Baptist leaders and lawyers with the Alliance Defending Freedom, the Christian legal advocacy group that worked to overturn Roe. 'As in Roe, it is not just a matter of arguing for or against abortion,' he said. 'It is also the larger pattern in terms of constitutional interpretation.' Supporters of same-sex marriage celebrated outside the US Supreme Court following the ruling on same-sex marriage, on June 26, 2015. DOUG MILLS/NYT The Southern Baptist resolution, titled 'On Restoring Moral Clarity through God's Design for Gender, Marriage, and the Family,' reflects a movement within conservative Christianity to see that laws align with their set of Biblical values and a political commitment to pursue those goals. The resolution calls for overturning not just Obergefell, but also any laws and policies 'that defy God's design for marriage and family,' potentially including the Respect for Marriage Act, a law that former President Joe Biden signed in 2022 mandating federal recognition for same-sex marriages. The resolution also specifically calls for the restriction of commercial surrogacy. Related : Lawmakers have a duty 'to pass laws that reflect the truth of creation,' it says, 'and to oppose any law that denies or undermines what God has made plain through nature and Scripture.' The measure also reflects an alignment with other Republican goals, and calls for laws that would 'strengthen parental rights in education and healthcare, incentivize family formation in life-affirming ways, and ensure safety and fairness in female athletic competition.' Advertisement Couples waited to apply for marriage licenses at Cambridge City Hall on May 17, 2004. RUTH FREMSON/NYT To go into effect, the resolution needs to pass by simple majority vote. Organizers say it is widely expected to pass. Passing the measure could be used as evidence to prove to politicians that culturally unpopular positions have support. Public opinion on same-sex marriage shifted drastically over the past 30 years toward overwhelming support. Last summer during his presidential campaign, Donald Trump had the definition of marriage as between one man and one woman removed from the Republican Party platform. 'It now seems the case in many sectors of American society that same-sex marriage is just as American as baseball and apple pie,' Walker acknowledged. 'I understand the political will is probably minute or minuscule.' Related : Of the nine Supreme Court justices, only Samuel Alito and Clarence Thomas have suggested that the court should reconsider Obergefell, which was decided by a 5-4 majority. Chief Justice John Roberts, now a swing vote, issued a strong dissent in the Obergefell ruling. In his concurring opinion in Dobbs v. Jackson, the case that overturned Roe, Thomas directly argued that the rationale the court used to negate a right to abortion should be used to overturn cases that established rights to same-sex marriage, consensual same-sex relations and contraception. Next month Mathew Staver, a Southern Baptist and the chair of the Liberty Counsel, a Christian legal group, plans to ask the Supreme Court to hear a case about Kim Davis, a former county clerk in Kentucky who refused to issue marriage licenses to same-sex couples in 2015. That request will directly ask the court to overturn Obergefell, he said. Staver has been trying for two decades to use the courts to stop same-sex marriage, ever since states began to legalize it in 2004. Advertisement Earlier this year his group worked with legislators in Idaho on the language of a resolution that passed the Idaho House of Representatives calling on the Supreme Court to reverse Obergefell. Republican lawmakers, at times drawing on certain Christian principles, introduced similar measures calling for Obergefell's reversal in states like Michigan, Montana and South Dakota, and partially passed them in North Dakota and Idaho. 'That begins to show a sentiment from legislative officials, and it just begins to build a momentum,' Staver said. And while efforts like the SBC measure and the resolutions in the states have been largely independent of each other, he said, 'that momentum results in more coordination' between ideologically aligned groups, which was effective in overturning Roe. The Southern Baptist Convention, a largely conservative network of churches, has taken a rightward turn in recent years, particularly on issues of marriage, family and sex. It has also struggled following revelations of widespread sexual abuse of women and children, and the mishandling of those allegations over decades. The annual meeting is often regarded as a bellwether for broader evangelical sentiment on various political and cultural issues, even though it technically represents the views of only the 10,000 or so members who typically attend and vote, not of all 13 million members. Last year, Southern Baptists voted to oppose the use of in vitro fertilization, passing a resolution that Walker and Mohler proposed as part of a push to advance the 'fetal personhood' movement. The vote greatly worried many other evangelicals who rely on fertility treatments to have children and who believe IVF is life-promoting. Advertisement In 2023, Southern Baptists decided to expel several churches with female pastors, including one of the denomination's largest and most prominent congregations. An attempt to further expand restrictions on women in church leadership gained traction in 2023 but did not pass a second required vote in 2024. That effort is expected to be revived this week. This article originally appeared in
