In a stunning reversal of fortune, the 5th Circuit Court of Appeals, by a bipartisan 2-1 vote, just declared that Trump’s declaration of war against Venezuela to justify his removal of people without due process under the Alien Enemies Act was illegal, with a Trump judge “trying out†for the Supreme Court (Judge Oldham) in dissent. Michael Popok examines the case sent to the 5th by the Supreme Court in May, and the ruling within a ruling about due process.
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