Thread by @ProfMJCleveland

🚨🚨🚨BREAKING: Trump Administration pounds SCOTUS in new filing asking court to lift administrative injunction entered for non-parties in the Alien Enemies Act case. h/t @gvincentamore 1/

2/ Here's full filing. Comments to follow: supremecourt.gov/DocketPDF/24/2…

3/ You'll recall this is case where SCOTUS entered a midnight injunction barring Trump from removing any members of a "putative class" of tDa members. "Putative class" means there was NEVER a class action lawsuit "certified"--it was a wanna-be class action.

4/ SCOTUS entered injunction even though lower court NEVER entered decision on class certification one way or the other & NEVER decided whether or not to enter injunction in favor of the putative class, one way or the other and 5th Circuit never decided either.

5/ That was a blatant violation by SCOTUS of Marbury v. Madison which made clear SCOTUS has only APPELLATE jurisdiction (other than limited circumstances that don't apply here). And yet that SCOTUS injunction has been in place for 3 weeks.

6/ Last week the district court denied class certification, meaning there is NO CLASS ACTION LAWSUIT and thus the injunction SCOTUS entered makes no sense!!! SCOTUS injunction said Trump can't remove any tDa members in northern Texas district but only 2 individuals are Plaintiffs

7/ So Trump Administration asks SCOTUS to remove injunction, noting that there is no class.

8/ Trump Administration adds that at this point 3 weeks have past so there was more than enough time for tDa members to file a habeas case. Here, it is helpful to understand what is really going on: The tDa members aren't being prevented from suing. Rather.. . .

9/ the ACLU wants to automatically represent every illegal, terrorist or not, to make it difficult (or impossible) to deport them. You gotta wonder why!!

10/ The Trump Administration's filing does something else: It highlights why keeping tDa members locked up in U.S. isn't an answer.

11/ The ACLU yesterday however asked SCOTUS to keep in place the injunction and to provide an advisory opinion re propriety of class action in habeas--something beyond SCOTUS' Article III authority.

12/ Trump also notes why the made-up 30 days supposedly required for "due process" makes no sense when dealing with violate tDa members.

13/ Trump picks another 80/20 issue:

14/ SCOTUS's midnight rush even prevented removal under other non-AEA authority! OUTRAGEOUS!

15/15 And now, with no class action, of course the application should be denied. SCOTUS made a mess of this case and really has no option but to eat crow. But will it?!

16/ One final thought: I absolutely LOVE how Trump Administration is wiping SCOTUS' face in fact its injunction was so unthought-through it technically barred deportation of tDa members deportable for other reasons & forcing SCOTUS to acknowledge mistake by altering injunction.