The Corp did not address the legality of the AEA in this case, instead saying that must be decided in a Texas court where those so accused are being held. However those being held must first get a court hearing to challenge their removal before deportation. Given the jurisdiction (kangaroo court) it doesn't sound promising.
Sotomayor dissented on the government claiming it cannot retrieve deportees when a mistake is made:
"The implications of the Government’s position is that not only noncitizens but also United States citizens could be taken off the streets, forced onto planes, and confined to foreign prisons with no opportunity for redress if judicial review is denied unlawfully before removal."
Coney-Barrett in part dissented questioning the Corp's "rushed conclusion" interference in a lower court "before it can address those matters first." Then, she continued, the court "receives full briefing, hears oral argument, deliberates internally, and, finally, issues a reasoned opinion." When the court departs from that normal practice, she said, "the risk of error always substantially increases" and it does so without "a record so posterity [may] see how it went wrong."
In my words, their unsigned, rushed conclusion is allowing the government's practice to continue while the legitimacy of the AEA is being litigated. Even though the accused can challenge their detention it is in a kangaroo court friendly to the federal government. And the emergency decision without a record gives them cover to hide their biased errors.
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