The recent Supreme Court decision in the case of of Trump v J.G.G, has been sensationalized by media reports. Certain media outlets have claimed that this was a victory for the Trump Administration because the Supreme Court lifted the lower court’s temporary restraining order that had stayed the deportation and ruled that the Alien Enemies Act could be used to deport certain non-citizens under certain circumstances. Other media outlets have claimed that the decision was a loss for the Trump Administration because the Court ruled that those non-citizens have the right under the Fifth Amendment right to due process.
The Supreme Court took a narrow view of the case. It did not boldly rule against the government’s use of the Alien Enemies Act, but neither did it holed that the government had unbridled power to deport people.
Rather the Supreme Court held that the individuals subject to the deportation order had the right to due process, but that they case had been brought in the wrong jurisdiction – holding that they should file petitions for habeas corpus in Texas.
The Supreme Court expressly held that the individuals are each entitled to notice and the opportunity to challenge the removal.
While this decision’s holding has disappointed advocates on both sides, this decision may prove to be something to celebrate.
Historically, prior Supreme Courts have often shown judicial restraint when warranted. Our current Supreme Court has shown much less restraint before this week. The current Supreme Court has issued a number of very consequential decisions that went further than necessary to resolve the cases before them – resulting in substantial changes in reproductive rights and executive power.
Some hoped, and others feared, the the Supreme Court might use this case to further expand or limit the power of the executive branch. The Court did neither. The Court decided the case on extremely narrow grounds, and essential kicked the habeas corpus question a District Court in Texas.
With the coming decisions from the Supreme Court we will see if this is the start of a new era of the type of judicial restraint that enhances the public’s trust in the Court and thus protects this co-equal branch.
Read SCOTUS Decision Trump v J.G.G.
