Appeals court judge rebukes Supreme Court for deportation flight decision

The Hill

21-05-2025

A federal appeals court judge appointed by President Trump rebuked the Supreme Court for blocking the administration from swiftly deporting a group of Venezuelans under the Alien Enemies Act.
'I write to state my sincere concerns about how the district judge as well as the President and other officials have been treated in this case,' U.S. Circuit Judge James Ho wrote in a concurring opinion published Tuesday.
'I worry that the disrespect they have been shown will not inspire continued respect for the judiciary, without which we cannot long function,' he continued.
Criticizing former Presidents Clinton, Obama and Biden, Ho in his seven-page opinion suggested the courts aren't treating Trump with the same respect.
'I doubt that any court would deny any of those Presidents the right to express their views in any pending case to which they are a party, before issuing any ruling. Our current President deserves the same respect,' Ho wrote.
On Friday, the Supreme Court in an apparent 7-2 vote ruled the administration cannot use the 18th century Alien Enemies Act to deport alleged Venezuelan gang members detained in portions of Texas as their legal challenge proceeds. 'As an inferior court, we're duty-bound to follow Supreme Court rulings — whether we agree with them or not. We don't have to like it. But we have to do it,' Ho wrote.
The justices directed the 5th U.S. Circuit Court of Appeals to next determine whether Trump can legally invoke the rarely used, wartime law and how much notice the migrants are owed before the administration can remove them from the country, instructing the court to act 'expeditiously.'
On Tuesday, the 5th Circuit issued a brief order scheduling the case for the next available oral argument.
Ho, who is viewed as a potential Supreme Court contender if a vacancy arises during Trump's second term, pushed back on the justices for insinuating the federal district judge overseeing the case didn't act fast enough when the American Civil Liberties Union rushed to court last month, warning that migrants were being bused to the airport.
The nation's highest court ultimately intervened in the middle of the night to temporarily block the administration from flying the migrants out of the country.
'We seem to have forgotten that this is a district court — not a Denny's,' Ho wrote. 'This is the first time I've ever heard anyone suggest that district judges have a duty to check their dockets at all hours of the night, just in case a party decides to file a motion.'