Leah Litman

I mean, not necessarily. It really depends what happens in the lower courts because the court hasn't granted for full review any Alien Enemies Act cases. But of course, these cases are developing so quickly in the lower courts, it's super possible something ends up there.

Yeah. So the Supreme Court basically created this situation where individuals in different states, they all have to challenge their potential expulsions and detentions because the D.C. District Court, he had blocked the Alien Enemies Act nationwide. But the Supreme Court said, no, no, no, no, no, you can't do that. Every individual has to litigate their case in habeas class actions.

Yeah. So the Supreme Court basically created this situation where individuals in different states, they all have to challenge their potential expulsions and detentions because the D.C. District Court, he had blocked the Alien Enemies Act nationwide. But the Supreme Court said, no, no, no, no, no, you can't do that. Every individual has to litigate their case in habeas class actions.

Yeah. So the Supreme Court basically created this situation where individuals in different states, they all have to challenge their potential expulsions and detentions because the D.C. District Court, he had blocked the Alien Enemies Act nationwide. But the Supreme Court said, no, no, no, no, no, you can't do that. Every individual has to litigate their case in habeas class actions.

And so those rulings are going to be limited to anyone who's detained in a particular district or state. And so, yes, people in some places are protected. People in others aren't. And that's why the Trump administration is trying to move people between jurisdictions to get them into places where they aren't protected. And yeah, it's just crazy.

And so those rulings are going to be limited to anyone who's detained in a particular district or state. And so, yes, people in some places are protected. People in others aren't. And that's why the Trump administration is trying to move people between jurisdictions to get them into places where they aren't protected. And yeah, it's just crazy.

And so those rulings are going to be limited to anyone who's detained in a particular district or state. And so, yes, people in some places are protected. People in others aren't. And that's why the Trump administration is trying to move people between jurisdictions to get them into places where they aren't protected. And yeah, it's just crazy.

Yeah, I think thus far, honestly, the Supreme Court has tried to avoid any big rulings and tried to defer saying anything that big about the Trump administration. Yes, Justice Barrett has occasionally joined with the Democratic appointees and Chief Justice Roberts on some matters. But even when the court has ruled against the Trump administration, they've given the administration authority.

Yeah, I think thus far, honestly, the Supreme Court has tried to avoid any big rulings and tried to defer saying anything that big about the Trump administration. Yes, Justice Barrett has occasionally joined with the Democratic appointees and Chief Justice Roberts on some matters. But even when the court has ruled against the Trump administration, they've given the administration authority.

Yeah, I think thus far, honestly, the Supreme Court has tried to avoid any big rulings and tried to defer saying anything that big about the Trump administration. Yes, Justice Barrett has occasionally joined with the Democratic appointees and Chief Justice Roberts on some matters. But even when the court has ruled against the Trump administration, they've given the administration authority.

some wins and some wiggle room to work with, like in the Abrego-Garcia order, or even in the United States Agency for International Development case. They waited to release their ruling until after the government was under obligations to actually pay out the funds. So they have ruled against the Trump administration sometimes, but avoided doing so in pretty pointed or harsh ways.

some wins and some wiggle room to work with, like in the Abrego-Garcia order, or even in the United States Agency for International Development case. They waited to release their ruling until after the government was under obligations to actually pay out the funds. So they have ruled against the Trump administration sometimes, but avoided doing so in pretty pointed or harsh ways.

some wins and some wiggle room to work with, like in the Abrego-Garcia order, or even in the United States Agency for International Development case. They waited to release their ruling until after the government was under obligations to actually pay out the funds. So they have ruled against the Trump administration sometimes, but avoided doing so in pretty pointed or harsh ways.

Yeah, so it's a tough case because presidents have been granted, you know, substantial powers under the Economic Emergency Powers Act, as well as over foreign trade and tariffs more generally.

Yeah, so it's a tough case because presidents have been granted, you know, substantial powers under the Economic Emergency Powers Act, as well as over foreign trade and tariffs more generally.

Yeah, so it's a tough case because presidents have been granted, you know, substantial powers under the Economic Emergency Powers Act, as well as over foreign trade and tariffs more generally.

And so I think the courts at that hearing were very nervous about trying to second guess the president's determinations about whether there was an unusual and extraordinary threat, even though Donald Trump's claims for why there is are just insane. Like the trade deficit has existed for a really long time. That's neither unusual nor extraordinary.

And so I think the courts at that hearing were very nervous about trying to second guess the president's determinations about whether there was an unusual and extraordinary threat, even though Donald Trump's claims for why there is are just insane. Like the trade deficit has existed for a really long time. That's neither unusual nor extraordinary.

And so I think the courts at that hearing were very nervous about trying to second guess the president's determinations about whether there was an unusual and extraordinary threat, even though Donald Trump's claims for why there is are just insane. Like the trade deficit has existed for a really long time. That's neither unusual nor extraordinary.

But the court didn't seem to be comfortable with any kind of rule that the lawyers challenging the tariffs had offered for when courts could say something wasn't actually unusual or extraordinary. And then there are the host of doctrines and rules that the Republican appointees on the Supreme Court have come up with, like the major questions doctrine, the idea that