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The court doesn’t seem to have reached any conclusion about the constitutionality of using the Alien Enemies Act in this way. They just said the process for cha
by dcrazy 2y ago
The court doesn’t seem to have reached any conclusion about the constitutionality of using the Alien Enemies Act in this way. They just said the process for challenging the AEA must be done through a habeas petition in district where they are held, not in a class action suit in court in D.C.
The dissent is pointing out that the administration is deliberately moving these people to districts where they are likely to get favorable rulings quickly, and they have demonstrated willingness to perform these actions in spite of contrary rulings from other courts, rather than respecting the ruling and arguing about jurisdiction.