Trump asks Supreme Court to overturn Boasberg’s ruling blocking him from using the Alien Enemies Act for deportations

The emergency appeal, which asks the justices to overturn an order from US District Judge James Boasberg blocking further deportations under the act, further thrusts the Supreme Court into Trump’s whirlwind. It is perhaps the most significant matter now pending on the court’s docket dealing with his second term and it sits at the center of an explosive confrontation between the White House and the judiciary.

“This case presents fundamental questions about who decides how to conduct sensitive national-security-related operations in this country – the President, through Article II, or the judiciary,” Acting Solicitor General Sarah Harris told the Supreme Court. “The Constitution supplies a clear answer: the President. The republic cannot afford a different choice.”

Like other recent appeals, the Trump administration’s argument was heavy on complaints about lower courts standing in his way, handing down temporary orders that – while not resolving the challenges over the president’s power – have at least put some of his agenda on hold temporarily.

“Only this Court can stop rule-by-TRO from further upending the separation of powers – the sooner, the better,” Harris wrote. “Here, the district court’s orders have rebuffed the President’s judgments as to how to protect the Nation against foreign terrorist organizations and risk debilitating effects for delicate foreign negotiations.”

The Department of Justice also asked the Supreme Court for a temporary “administrative stay,” that would put Boasberg’s order on hold for a few days to give the justices time to review the case. Such a stay, if granted, would allow the administration to immediately restart deportations.

The court has asked the individuals challenging Trump’s use of the Alien Enemies Act to respond to the emergency request by Tuesday.