A.A.R.P. v Donald J. Trump

Big news early Saturday morning, the Supreme Court “ordered Trump administration not to deport Venezuelans under Alien Enemies Act for now” — NPC News.

Or did they?

Yep, they did. But there are interesting things happening in this short order.

First, it was issued at in the early morning of Saturday. Second, the Solicitor General is invited to file a response ASAP. Not on a particular date and time, but now.

In A.A.R.P. v. Donald J. Trump, in his official capacity 25-CV-00059 N.D.TX., the district court judge found for the administration and did not grant the TRO nor the Preliminary Injunction.

They appealed to the Fifth Circuit Court, A.A.R.P. v. Trump, 25-10534, (5th Cir.). The Fifth Circuit denied the appeal because the case is at the TRO stage, and TROs cannot be appealed. Where have we heard this before?

What we are likely to see is the statements by Alito and Thomas in the coming days. From there, they will wait for the Solicitor General of the United States to file a response, so they have both sides of the argument, briefed.

At that point, they will likely say, “This is in an interlocutory state, we aren’t going to interfere.”