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Summary
➡ The Supreme Court made a questionable decision without waiting for lower courts to rule or hearing from the opposing party. They granted relief to a group of people who were potentially going to be deported, even though there was no immediate threat of deportation. This decision, made in haste and without proper procedure, has raised concerns about the Supreme Court’s ability to fairly administer justice, potentially leading to a constitutional crisis.
Transcript
The constitutional crisis, every time you hear that word, or that phrase, just remember, it’s being caused by rogue judges, and yes, rogue justices of the Supreme Court. You know, unfortunately the Supreme Court has gone south in many respects just in the last week or so. I mean, there was one ruling, I guess the lesser, there was one that was terrible. This one I’m going to talk about was, I guess, not as terrible as the one I want to talk about, but it’s worth mentioning because of the absurdities involved. There was a case over whether an alien who is here illegally and is told to voluntarily deport under the law within 60 days gets an extra day, two or three, if the 60th day falls on a Saturday, a Sunday, or a federal holiday.
So let’s say, for example, the 60th day fell on a Saturday of a holiday where the federal holiday was on Monday, they wouldn’t have to be self-deporting until, or voluntarily depart until the next Tuesday. And it’s like, the law says 60 days. It doesn’t say except that the 60th day, if the 60th day arrives on a Saturday, Sunday, or Monday. And you know, it’s just another example to me of the courts not liking the fact that President Trump wants to enforce the rule of immigration. And the absurdity, Justice Alito seemingly couldn’t take it anymore.
And he issued a stinging dissent. President, excuse me, Justice Thomas had a dissent in this case, arguing over whether they even had jurisdiction, and it was legally technical. Justice Alito highlighted the absurdity of them being unable to define a day in any common sense way. And let’s end up just the quote I have from Justice Alito on tweet number two, where he had to explain what a day was to his colleagues on the majority on the court. That included, by the way, the three liberals, Kagan, Justice Kagan, Justice Jackson, and Justice Sotomayor, and Justice Gorsuch, and I believe Chief Justice Roberts.
But let’s see what Justice Alito said. What does a day mean? Justice Alito had to explain what a day literally means to the Supreme Court 5-4 majority who decided an illegal alien doesn’t have to self-deport through voluntary departure, as I kind of said, despite the plain language of the law. As Justice Alito notes, we generally presume that terms used in statutes carry the same meaning they have in ordinary language. Therefore, when interpreting term days, and he cites the law, we should start with a presumption that it means what it means in ordinary usage.
And then he quotes what it means in ordinary usage. A division of time equal to 24 hours and representing the average length of the period during which the earth makes one rotation on its axis. So really, what an embarrassment for the Supreme Court that Justice Alito has to go back and explain to the majority what a day means. That’s where we are. And then on top of that, we have Justice or excuse me, the Supreme Court really engaged in an abusive use of power that frankly they don’t have in a kind of a strange midnight ruling essentially restraining Trump from deporting anyone under the Alien Enemies Act.
And what happened is that there were these illegal aliens who were subject to deportation under the Alien Enemies Act seeking review of the deportation, you know, moves. And they couldn’t get any result from the court in within like three minutes. I’m exaggerating, but not much. So they went to the appellate court. And the appellate court wasn’t moving fast enough. They went to the Supreme Court and Supreme Court just ruled outright on their behalf. No, no info from the Trump administration basically didn’t wait for any of the lower courts to resolve the issue. And they ruled in a way that essentially told Trump he’s not allowed to do anything absent for ruling from the Supreme Court.
And, you know, as I highlighted in this tweet, forget which one it was, tweet number seven. Remember Chief Justice Roberts? What he said a few weeks ago where he tacked Trump for promoting a judicial impeachment. And his response was we should only rely on the normal appellate review process instead. So much for that. And again, it was left to Justice Salido. And sadly, there were only, I think, two justices in this case who thought this was inappropriate to kind of bypass the normal procedures and rule on a case they had no really legal right by their own rules to rule upon.
So Trump has to follow normal appellate procedure, but the Supreme Court doesn’t. And they hijacked the presidency effectively in stopping the president from enforcing his lawful declaration or proclamation under Alien Enemies Act that these Venezuelan terrorist gang members can be deported immediately because they’re working in league with a foreign government. It’s insanity. It’s absolute insanity. And President Trump was saying, I mean, literally, this is what the left wants them to do. And frankly, a lot of the courts, you can invade the country by the millions. But if you deport anyone, it has to be one at a time after a full trial.
And I highlighted that point in a tweet here. I think I highlighted it. Oh, yeah. Number four. Even worse. Our enemies now have a path on how to destroy the country, invade and then rely on the courts to prevent a reversal of the invasion. That’s literally what’s happening now. And I tell you what happened, you know, the president deserves, as I’ve said, a Nobel Peace Prize for shutting down the border. But there are millions, if not tens of millions of aliens here in the United States who are unlawfully present, illegal, who need to be deported.
And if they’re not deported by the next census, and the law doesn’t change in terms of counting them for purposes of apportionment, it means that the left will be able to increase the number of people they have in Congress, number of seats they have in Congress, and that blue states will get more seats or more electoral college electors for the presidency. So they want these aliens to keep on staying here in order for them, and forget about them voting illegally, okay? That’s one issue. Just their mere presence increases left-wing political power.
And that’s why they’re stalling, trying to stall the mass deportations that President Trump is trying to implement under law. And it’s worth going over the abuses of the Supreme Court, as highlighted by Justice Alito, who really had a devastating opinion he issued in response. I mean, the Supreme Court was so desperate to stop Trump, they issued the order without the normal attachment of a dissent, and Justice Alito had to file it a little bit later. And it’s worth sharing with you, because there’s got to be a record of this abuse of the Supreme Court.
I mean, it’s one thing to talk about presidential corruption. It’s one thing to talk about congressional corruption. It’s also important to talk about judicial corruption. And right now, that’s a major issue for our republic. Justice Alito, with whom Justice Thomas joins dissenting. Shortly after midnight yesterday, the Court hastily and prematurely granted unprecedented emergency relief, proceeding under the All-Ritz Act, the Court ordered the government not to remove a putative class of detainees until this Court issues a superseding order. Although the order does not define the putative class, it appears that the Court means all members of the class that the habeas petitioners sought to have certified, namely all non-citizens in custody in the Northern District of Texas who were or will be subject to the March 2025 presidential proclamation entitled Invocation of the Alien Enemies Act regarding the invasion of the United States by Tren de Argra and or its implementation.
And although the Court does not specify what it means by the government, it appears that the term is intended to embrace all the named defendants, including the President. And then Justice Alito tears his colleagues apart in this dissent. It is not clear that the Court has jurisdiction. The All-Ritz Act does not provide an independent grant of jurisdiction. Therefore, this Court has jurisdiction only if the Court of Appeals had jurisdiction of the applicant’s appeal. And the Court of Appeals had jurisdiction only if this is supposed order that the applicant’s appeal amounted to the denial of a preliminary injunction.
So as I’m reading this, I’m taking out some legal citations for brevity. But here, the order that the applicant’s appealed was what they viewed as the District Court’s constructive denial of their request for a temporary restraining order or TRO. That is, the District Court did not actually deny their most recent request for TRO, but they inferred that it was constructively denied because the District Court failed to rule on that request before the expiration of a truncated counsel imposed deadline. Did you hear that? Truncated counsel imposed deadline. The lawyers for the illegal alien criminals or alleged criminals, terrorists, whatever you want to call it, they told the Court you rule within 45 minutes or so, otherwise we’re going to appeal.
That’s not the way it works in America. At least, it wasn’t the way it was supposed to work. The denial of a true TRO is not appealable. And here, it is not clear that the applicant’s TRO request was actually denied. Indeed, in an order issued last night, the Fifth Circuit held that it lacked jurisdiction for this reason. The Supreme Court didn’t wait for the circuit to rule, by the way, which is what they’re supposed to do. Or we’ve been lectured, that’s what they’re supposed to do, by the same judges, justices who did the exact opposite.
It is questionable whether the applicant’s complied with the general obligations to seek emergency injunctive relief in the District Court before asking for such relief from an appellate court. And then they quote the federal rules of procedure. Do the rules matter? Not if you’re a terrorist seeking help from the Supreme Court, evidently. When the applicant’s requested such relief in the District Court, so the District Court is the lowest court in the Federal Court. I shouldn’t say lowest court, but it’s the first court, right? And then you go to the appellate court and then, in theory, you go to the Supreme Court.
When the applicant’s requested such relief in the District Court, they insisted on a ruling within 45 minutes on Good Friday afternoon. And when the District Court did not act within 133 minutes, they filed a notice of appeal, which the District Court held deprived it of jurisdiction. It is doubtful that this aborted effort satisfied the federal rules of appellate procedure. So you set a court up, demand that they rule within a specific time, and you get an automatic appeal if they don’t follow your timeline. No, that’s not the way it’s supposed to work.
I mean, the idea that Judicial Watch would even think to do something like that, it’s not right. When this court rushed to enter its order, the Court of Appeals was considering the issue of emergency relief. This is important. And we were informed that a decision would be forthcoming. Well, let’s think about that. The Supreme Court of the United States knew that a decision from the Fifth Circuit that they should be considering was coming, forthcoming, and yet they precipitously ruled anyway. That’s not right. That raises an ethics issue, as far as I’m concerned, as to what happened.
The Court, however, refused to wait. But under this Court’s rule, except in the most extraordinary circumstances, an application for a stay will not be entertained until the relief requested was first sought in the appropriate court or courts below or from a judge or judges thereof. You’ve heard the shadow docket, right? Justice Amy Coney Briar. And Justice Roberts, Chief Justice Roberts talks about, and they don’t talk explicitly about it, but they don’t like the idea of the Court, and the leftist justices have said this too. Oh, we shouldn’t interfere in this process until it’s right for us.
We shouldn’t short circuit the process. Justice Alito just cited the rule, and they just did it. So all their excuse is not to quote short circuit the process in order to protect the rule of law. They’re unwilling to do or, you know, they don’t want to invoke that same excuse in order effectively to allow illegal alien criminals to remain here, terrorists, gangsters to remain here in the United States. The only papers before the Court were those submitted by the applicants. The Court had not ordered or received a response by the government regarding either the applicant’s factual allegations or any of the legal issues presented by the application, and the Court did not have the benefit of a government response filed in any of the lower courts either.
When the applicants first raised their allegations in the district court, that court provided the government with 24 hours to respond and was poised to rule expeditiously, but the district court dissolved the government’s obligation to respond after counsel for appellate applicants filed their hasty appeal, which in the district court used a private jurisdiction to rule. So this is what happened. The lawyers for the terrorists went into court, said you need to rule within 45 minutes. The Court said, well, what are you talking about? The government has to have a chance to respond.
You are going to give them 24 hours. They said after a little over two hours, they appealed, pretending they were constructively denied relief. It’s bunk, and they know it, and the Supreme Court, as Justice Alito highlights, should have known it as well. The papers before us, while alleging the applicants were in imminent danger of removal, provided little concrete evidence, little concrete support for that allegation. Members of this court have repeatedly insisted that an All-Ritz Act injunction, pending appeal, may only be granted when, among other things, the legal rights at issue are indisputably clear, and even then, sparingly and only in their most critical and elegant circumstances.
So I should have looked this up before I came on. My memory of the All-Ritz Act is essentially the Supreme Court takes jurisdiction in cases when it wants to take jurisdiction. But Justice Alito says it’s not for every time someone comes running the Supreme Court. Although this court did not hear directly from the government regarding any planned deportations under the Alien Enemies Act in this matter, an attorney representing the government is in a different manner, informed the district court in that case during hearing yesterday evening that no such deportations were then planned to occur either yesterday or today.
So no emergency. Although the court provided class-wide relief, the district court never certified a class. There was no class, and yet the Supreme Court ordered the class be protected from being deported. What’s going on? And this court has never held that class relief, maybe sought in a habeas proceeding. Now habeas corpus proceeding is someone who says, look, I’m being detained or I’m about to be removed after being detained or as a result of detention, and I have a right to go to the court and seek relief immediately or relatively immediately. And it’s a one-by-one issue, right? And the idea that there’s a whole class under habeas relief, it’s habeas corpus, present the body.
It’s not present the bodies. It’s not present the whole class of bodies. It’s an individualized analysis. At least that’s my understanding of the law. All the lawyers were arguing with me about this, but I think I’m right. In sum, literally in the middle of the night, the court issued unprecedented and legally questionable relief without giving the lower courts a chance to rule, without hearing from the opposing party, within hours of receiving the application, with dubious factual support for its order, and without providing any explanation for its order. I refuse to join the court’s order because we had no good reason to think that under the circumstances issuing an order at midnight was necessary or appropriate.
Both the executive and the judiciary have an obligation to follow the law. The executive must proceed under the terms of our order, and this court should follow established procedures. And he was referencing the order previously that the Pride Justice Judge Fosberg of jurisdiction and gave it to the judges over in which these applicants actually were being incarcerated in preparation for removal. Pretty devastating stuff from Justice Alito, and you won’t hear it from the liberal media. You’re going to hear that Trump is the one causing a crisis. This is troubling to me because when the Supreme Court starts acting outside the law, it does increase the likelihood of a constitutional crisis.
That’s my concern about this. I’m concerned about our republic, that the courts are rogue, the Supreme Court hasn’t figured out how to check them sufficiently, and in a key matter, they are acting in a way that undermines confidence in their ability to fairly administer justice as the Constitution requires. That’s the constitutional crisis. The constitutional crisis, every time you hear that word or that phrase, just remember, it’s being caused by rogue judges, and yes, rogue justices of the Supreme Court. It’s not Trump, it’s the courts. Thanks for watching. Don’t forget to hit that like button.
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