'Basically never happens': Legal expert singles out Alito slight in overnight Trump ruling

In a series of posts on BlueSky, Slate legal analyst Mark Joseph Stern suggested the majority of justices on the Supreme Court appear to be angry with Donald Trump's administration's attempt to swiftly deport more immigrants in Texas while there are still questions about its legality.

Noting that seven of the nine justices on the conservative-majority court stepped in to stop the Alien Enemies Act rendition flight with an order issued at 1:30 AM, Stern pointed out that Justices Sam Alito and Clarence Thomas dissented but were not given time to publish their reasoning.

As he wrote on BlueSky, "Obviously, a huge victory for the migrants here and a major defeat for Trump’s lawless effort to rush out a rendition flight before the courts could act. But also—potentially a massive signal from the Supreme Court that it is finally prepared to go toe to toe with Trump to halt AEA deportations."

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Having written that, he elaborated, "I think the majority that lifted Boasberg’s restraining order truly believed Trump would heed its warning about due process and pause further AEA renditions until SCOTUS ruled on their legality. Instead Trump tried to sneak out migrants before courts could act. And now I think SCOTUS is pissed."

In particular, he noted Alito would be publishing his dissent at a later time after that the rest of the court, led by Chief Justice John Roberts, rushed out their ruling without waiting for him.

"It is SO unusual for the Supreme Court to issue an order this late at night and honestly incredible only Thomas and Alito noted their dissents," he wrote before adding, "Also fascinating that SCOTUS rushed out the order before Alito could finish writing his dissent. That basically never happens! Again—majority seems pissed."

You can see his posts here.