“[T]he Supreme Court’s willingness to resort to a procedural ruling to avoid a direct clash with the executive could have real costs, not just for those swept up by the [Alien Enemies Act], but also for the Court’s position in the separation of powers,” writes Jonathan Hafetz
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Habeas and the Alien Enemies Act: Challenges and Opportunities
The Supreme Court’s procedural ruling in Trump v. J.G.G. could have real costs for those swept up by the AEA and for the separation of powers.