Solicitor General Is Still Waiting For An Actual Ruling In A.A.R.P. v. Trump
On Friday, April 18, the Supreme Court issued an administrative stay of the alien’s removal in the case formerly known as A.A.R.P. v. Trump.
There is before the Court an application on behalf of a putative class of detainees seeking an injunction against their removal under the Alien Enemies Act. The matter is currently pending before the Fifth Circuit. Upon action by the Fifth Circuit, the Solicitor General is invited to file a response to the application before this Court as soon as possible. The Government is directed not to remove any member of the putative class of detainees from the United States until further order of this Court. See 28 U. S. C. §1651(a).
The Court ruled mere moments before the Fifth Circuit issued its order. Now, nearly a month later, the matter remains pending before the Court.
It is obvious to me that the Supreme Court was not really interested in waiting for the Fifth Circuit. Indeed, the Court probably thought it better to issue this interim ruling that created the impression that the bad judges in Texas were dragging their feet. No one in the media would pay attention to the case in the day and weeks after. All that matters is the initial headline.
But in reality, the government is stuck. The Supreme Court provisionally certified a class, which the District Court declined to certify. Many of the aliens in Texas are clearly removable under other authorities, but the Court’s blunderbuss injunction blocks their removal on any grounds. And the Supreme Court has shown not even the slightest interest in resolving this dispute.
The Solicitor General has now c
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