Due Process & the Alien Enemies Act: A Cautious Cop-Out

Yesterday, in a somewhat insignificant 7-2 decision, the United States Supreme rejected the Trump administration’s request to immediately resume deportations of Venezuelan nationals under the Alien Enemies Act (AEA). Instead of ruling, once and for all, that the Fifth Amendment prevents Trump’s 24-hour notice nonsense, SCOTUS remanded the matter to a federal appeals court for further review.