‘Reject this invitation to subvert our constitutional orders’: Conservatives urge SCOTUS to stonewall Trump’s bid to stay injunction in mass deportations case

Donald Trump in the Oval Office.

President Donald Trump speaks to reporters before signing an executive order in the Oval Office of the White House in Washington, Monday, March 31, 2025 (Pool via AP).

A group of conservatives and a bipartisan nonprofit are imploring the U.S. Supreme Court to reject the Trump administration’s appeal of an order barring the government from continuing to conduct large-scale, at-will deportations using an obscure 18th-century wartime power.

In a Tuesday amicus — or friend of court — brief, the State Democracy Defenders Fund and “former public officials who were elected as Republicans or served in Republican administrations” say the government’s arguments in its petition for an administrative stay “would undermine our constitutional order by usurping the function of the Judiciary and eviscerating basic principles of judicial review.”

Those principles are especially important in national security cases where courts “protect individual liberty,” the amicus brief argues.

In the case before the high court, the Trump administration says it should be able to continue using the Alien Enemies Act (AEA) of 1798 to mass-deport suspected gang members while litigation plays out at the lower court level. The judge overseeing the case has famously, or perhaps infamously, issued a series of increasingly critical orders barring and condemning the government’s actions and arguments.

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