U.S. Government Seeks Supreme Court Review of Alien Enemies Act of 1798 Case

Amy Howe for SCOTUSBlog reports that the U.S. government is seeking the Supreme Court to allow it to remove without a hearing noncitizens under the Alien Enemies Act of 1798. Chief U.S. District Judge James Boasberg had blocked the government from removing anyone under the President’s executive order invoking the Act.  A 2-1 D.C. Circuit refused the lift the orders.

“In 40-page filing, Acting Solicitor General Sarah Harris told the justices that the dispute `presents fundamental questions about who decides how to conduct sensitive national-security operations in this country — the President, through Article II’ of the Constitution, `or the Judiciary,’ through temporary restraining orders. `The Constitution,’ . . . `supplies a clear answer: the President. The republic cannot afford a different choice.’”

KJ