A.A.R.P. v Trump, the follow up

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 eight hours of receiving the application, with dubious factual support for its order, and without providing any explanation for its order. I refused 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 in Trump v. J. G. G., 604 U. S. ___ (2025) (per curiam), and this Court should follow established procedures.
— 604 U.S. ____ (2025), Alito, J. dissenting. Thomas, J joining

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A.A.R.P. are the initials of one of the plaintiffs. They are currently proceeding as John Does. This is the same with Trump vs. J.G.G., where J.G.G. are the initials of one of the plaintiffs in the inferior district court.

When Alito and Thomas are on the same side of an issue, your best bet on what is correct is to be on their side. Yes, I know I’ve been on the opposite side from them a couple of times. I lost my bet.

This case is moving rapidly, the Solicitor General had filed his response shortly after Alito published his dissent. This is “fast” in court terms.

To start, this Court is “a court of review, not first view.” Cutter v. Wilkinson, 544 U. S. 709, 718, n. 7 (2005). Yet the application insists on judicial review in reverse. It calls for this Court to be the first to resolve due-process challenges to the adequacy of notice that designated enemy aliens receive, on behalf of a putative class that no court below has certified, on a nonexistent record. As the Fifth Circuit observed last night, appellate courts should not address those questions unless and until the district court is given a reasonable opportunity to rule. App., infra, 2a. Yet applicants gave the district court a mere 42 minutes’ notice before divesting it of jurisdiction by filing a notice of appeal claiming constructive denial of relief. Under these highly irregular circumstances, applicants can hardly establish a clear and indisputable entitlement to the extraordinary relief they seek. The application should be denied on that basis alone.

— Respondents’ Opposition to Emergency Application. 24A1007

Here we see the Solicitor General say much the same as Alito, with facts involved. Alito also stated in his dissent that the Supreme Court had spoken with the Fifth Circuit and knew that a decision was forthcoming from the Circuit shortly.

Nothing will happen today. The plaintiffs, (illegal aliens), will file a reply to the response. We might see some amicus briefs, but nothing is going to happen. The Court will have time to reflect and read the briefs.

We might hear something on Tuesday, but I don’t expect a response until laster in the week. The Supreme Court has given themselves time to move deliberately while instructing the parties to move rapidly.

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