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clarence thomas
Supreme Court Extends Block on Trump's Alien Enemies Act Deportations
One attorney in the case called the ruling "a powerful rebuke to the government's attempt to hurry people away to a gulag-type prison in El Salvador."
May 16, 2025
For the second time in less than a month, the U.S. Supreme Court on Friday ruled against the Trump administration's dubious use of an 18th century law to deport immigrants including at least one person with protected status without due process.
In a 7-2 ruling—with far-right Justices Clarence Thomas and Samuel A. Alito dissenting—the high court found that President Donald Trump violated Venezuelan migrants' right to due process as a class by trying to fast-track their deportation to the notorious Terrorism Confinement Center (CECOT) prison in El Salvador by invoking the 1798 Alien Enemies Act during peacetime.
The ruling is not a repudiation of Alien Enemies Act deportations and focuses solely on migrants' due process rights.
"Notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster."
"The detainees' interests at stake are accordingly particularly weighty," the court's opinion states. "Under these circumstances, notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster."
"But it is not optimal for this court, far removed from the circumstances on the ground, to determine in the first instance the precise process necessary to satisfy the Constitution in this case," the court continued and, referring to the federal appellate court that "erred in dismissing the detainees' appeal for lack of jurisdiction," said that "we remand the case to the 5th Circuit for that purpose."
Lee Gelernt, deputy director of the ACLU's Immigrants' Rights Project and lead counsel in the case, said Friday that "the court's decision to stay removals is a powerful rebuke to the government's attempt to hurry people away to a gulag-type prison in El Salvador."
"The use of a wartime authority during peacetime, without even affording due process, raises issues of profound importance," Gelernt added.
The Supreme Court opinion noted the case of Kilmar Abrego García, a Maryland man with protected status who was wrongfully deported to CECOT in March. Last month, the high court unanimously ruled that Trump must facilitate Abrego García's return to the United States. The Trump administration has resisted the order, despite the president proclaiming that "if the Supreme Court said, 'Bring somebody back,' I would do that."
Steve Vadeck, a professor at Georgetown Law Center, toldCNN Friday that "because lower courts have blocked use of the [Alien Enemies Act] in every other district in which the president has sought to invoke it, that means it's effectively pausing all removals under the act until the 5th Circuit—and, presumably, the Supreme Court itself—conclusively resolves whether they're legal and how much process is due if so."
On Tuesday, U.S. District Judge Stephanie Haines—who was appointed by Trump—issued the first court ruling supporting Alien Enemies Act deportations.
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In 'Major Smackdown' of 5th Circuit, Supreme Court Upholds Biden-Era Ghost Gun Ban
"Today, seven members of the Supreme Court followed the law and did not capitulate to special interests like the NRA, and our streets will be safer for it," said one Democratic senator.
Mar 26, 2025
In what one gun control group hailed as "a BIG win for public safety," the U.S. Supreme Court on Wednesday upheld a Biden-era rule regulating ghost guns, which can be made using 3D printers, obtained without background checks, and smuggled into high-security locations.
The high court ruled 7-2—with Justices Samuel Alito and Clarence Thomas dissenting—in Bondi v. Vanderstock that ghost guns, which are virtually untraceable, are firearms subject to regulation by the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
NEW: The Supreme Court just upheld ATF’s critical ghost gun rule 👏👏👏 They ruled that ghost gun kits are legally firearms, meaning they must have serial numbers and can only be sold by licensed sellers after a background check. This is a BIG win for public safety.
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— GIFFORDS ( @giffords.org) March 26, 2025 at 7:57 AM
In 2022, the Biden administration enacted rules including a licensing requirement for companies making and selling ghost gun parts, mandating serial numbers for such components, and subjecting buyers to background checks. Ghost gun component manufacturers and Second Amendment advocates sued the government, claiming that ghost guns are not firearms as defined by the landmark Gun Control Act of 1968.
The 5th U.S. Circuit Court of Appeals sided with the plaintiffs in a 2023 decision striking down the ATF ghost gun rules.
However, while conceding that some ghost gun kits may not qualify as firearms under the law, Justice Neil Gorsuch wrote for the majority that others "'contain all components necessary' for 'a complete pistol' and can be completed in perhaps half an hour using commonly available tools."
"But even as sold, the kit comes with all necessary components, and its intended function as instrument of combat is obvious," Gorsuch added. "Really, the kit's name says it all: 'Buy Build Shoot.'"
Today's decision is a pretty major smackdown for the 5th Circuit, which angrily rejected the ghost gun regulations as an egregiously unlawful assault on the rights of at-home gunsmiths. Gorsuch's opinion says the 5th Circuit badly misapplied the law in a number of ways. When you've lost Gorsuch...
— Mark Joseph Stern ( @mjsdc.bsky.social) March 26, 2025 at 7:16 AM
Responding to the ruling, David Pucino, the legal director and deputy chief counsel at the Giffords Law Center, said: "Ghost guns are the gun industry's way of skirting commonsense gun laws and arming dangerous people without background checks. We are thrilled that the Supreme Court has upheld the ATF rule that treats ghost guns as what they are: guns."
"We've seen how the rise in ghost guns has contributed to increases in crime and gun deaths in communities across the United States," Pucino added. "The Supreme Court's ruling is a huge win for public safety."
The legal division of Everytown for Gun Safety also hailed what it called the court's "lifesaving decision."
"We applaud the Supreme Court for doing the right thing by upholding a lawful and critical rule that protects public safety, and by rejecting the gun lobby's extreme legal agenda," Everytown Law executive director Eric Tirschwell said. "The ATF ghost gun rule has broad support from state and federal law enforcement, who have all affirmed it is crucial to keeping our communities safe—and data shows it is reducing the number of ghost guns recovered at crime scenes nationwide. We look forward to seeing this downward trend continue."
As Everytown noted, "early data indicates a drop in ghost gun recoveries at crime scenes since the ATF's rule went into effect," and "New York City, Baltimore, Boston, Los Angeles, San Francisco, Philadelphia, Oakland, and other cities reported declines in ghost gun recoveries" in 2023.
Great news coming out of the Supreme Court! In a 7-2 decision, Justices have upheld the ban on ghost guns. These untraceable weapons have no legitimate use and are the perfect firearms for use in crime. This is a victory for public safety!
— Team ENOUGH ( @teamenough.org) March 26, 2025 at 7:16 AM
"At 17, my son, Guy, was badly wounded when he was shot with a ghost gun by a minor too young to legally purchase a pistol. No one should have to go through the trauma of learning that your child has been shot and may not survive," Denise Wieck, a volunteer with the gun control advocacy group Moms Demand Action, said following Wednesday's ruling.
"Though Guy suffers the consequences of the gunshot wound to this day—including an epilepsy diagnosis, anxiety, and the loss of an eye—we have both turned our grief into power through education and advocacy," Wieck added. "We are deeply relieved by today's ruling, which will help ensure that a tragedy like ours never happens again."
Democratic lawmakers also welcomed Wednesday's ruling.
"Ghost guns have been a terror on our streets, haunting our communities, and taking lives," Senate Minority Leader Chuck Schumer (D-N.Y.) said in a statement. "For years, I have been warning of the dangers of these untraceable guns, and I strongly supported the Biden administration's rule to crack down on these treacherous kits."
"Today, seven members of the Supreme Court followed the law and did not capitulate to special interests like the NRA, and our streets will be safer for it," Schumer added, referring to the National Rifle Association. "Senate Democrats will continue to push Republicans to take commonsense actions to keep ghost guns off the streets."
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Alito and Thomas Urged to Recuse From Key Case Over 'Cozy Ties' to Right-Wing Kingpin
"Americans deserve a legal system that isn't influenced by billionaires and special interest backers pushing an agenda at the expense of working families," said a watchdog group leader.
Mar 19, 2025
Ahead of U.S. Supreme Court arguments next week, a watchdog group asserted Wednesday that right-wing Justices Samuel Alito and Clarence Thomas must recuse themselves from a case "whose outcome could have sweeping consequences," citing "significant conflicts of interest" due to their relationships with "conservative kingpin Leonard Leo."
In Federal Communications Commissionv. Consumers' Research, a right-wing group is challenging the constitutionality of the FCC's Universal Service Fund program.
Vox's Ian Millhiser reported Wednesday that "if the Supreme Court accepts an argument raised by a federal appeals court, which struck down the federal program, it would bring about one of the biggest judicial power grabs in American history, and hobble the government's ability to do, well, pretty much anything."
In the new report about Alito and Thomas, the watchdog Accountable.US issued a similar warning about the case's potential impacts: "Effectively defunct for almost a century, the nondelegation doctrine prohibits Congress from passing off its legislative power to federal agencies... Reviving the doctrine would cripple agencies' ability to govern consumer safeguards, social security, Medicare, and more during a time when the Trump administration has begun to slash federal agencies."
"Now before the high court, the case presents an obvious conflict of interest for many of the justices who are personally tied to (and in some cases, friends of) the conservative activist Leonard Leo, who is closely connected to Consumers' Research," the analysis explains, pointing to reporting that Leo is the group's "main backer."
While "all six conservatives now sitting on the Supreme Court can credit Leo with helping to shepherd their confirmations," the watchdog's report states, the right-wing legal activist is "close personal friends" with Alito and Thomas.
According to the report:
- Leo has known Justice Thomas since the early 1990s when Leo was clerking in D.C. Since then, Leo has traveled with Thomas and invited him to his personal residence in Maine. The justice is also the godfather to one of Leo's daughters. Justice Thomas' wife, Ginni, has previously called Leo her "hero" and "mentor." Over the past 15 years, Leo and Ginni have worked together on several projects, operationalizing the outside game of conservative dark money and politics.
- Leo has also traveled with Justice Alito, most notably to Alaska on a private fishing trip (which Justice Alito did not disclose at the time). Leo's Federalist Society has also sponsored numerous trips overseas for Alito, some of them attended by Leo himself.
"Americans deserve a legal system that isn't influenced by billionaires and special interest backers pushing an agenda at the expense of working families. Justices Thomas and Alito's cozy ties to Leonard Leo and thereby Consumers' Research fly straight in the face of that, and present a clear conflict of interest impeding their ability to rule impartially on the case," said Accountable.US president Caroline Ciccone in a statement.
"Public trust in the Supreme Court is already at an all-time low because of misguided conduct by justices–this case threatens to degrade it further," Ciccone continued. "The Supreme Court simply cannot be trusted to defend the Constitution if it doesn't adopt an obligatory, enforceable code of conduct that cleans up the impropriety that's existed on the court for years. Thomas and Alito must recuse themselves and restore a semblance of integrity to the highest court."
In addition to releasing the report, Accountable.US and two other groups, Take Back the Court and United for Democracy, argued for Alito and Thomas' recusal in a letter to Chief Justice John Roberts—who on Tuesday publicly condemned right-wing attacks on the federal judiciary.
"The Supreme Court has been engulfed by corruption scandals, many of which centering around the right-wing justices' overly friendly relationships with powerful billionaires and special interests," United for Democracy senior adviser Meagan Hatcher-Mays said Wednesday. "At the same time that Justices Thomas and Alito were accepting lavish gifts and trips from billionaires, they were hearing cases with those same billionaires' legal interests at stake."
"It's impossible for the American public to trust in Supreme Court rulings when this kind of glad-handing is taking place," she added. "The appearance of impropriety is clear in FCC v. Consumers' Research given Leonard Leo's long-time friendship with Justices Thomas and Alito and his financial entanglements with Consumers’ Research. Justices Thomas and Alito must recuse themselves immediately."
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