In a recent episode of SiriusXMs "The Megyn Kelly Show," host Megyn Kelly engaged in a heated debate with Democrat Florida State Attorney Dave Aronberg.
The bone of contention was whether a D.C. federal judge has the jurisdiction to "decide political questions" pertaining to decisions made by President Donald Trump.
On March 28, Trump's Department of Justice (DOJ) appealed to the U.S. Supreme Court to overturn U.S. District Judge James E. Boasberg's temporary suspension of deportations under the Alien Enemies Act of 1798.
As reported by the Daily Caller, during the discussion on Kelly's show, Aronberg defended Boasberg's decision. This led Kelly to challenge the judge's authority, questioning, "how is it that the federal district courts are allowed, in the argument of the ACLU, to decide whether theres been an incursion, a predatory incursion, by a foreign government? How are they better positioned to determine that than the commander-in-chief and the sitting president of the United States?
Aronberg responded by stating that the courts are "entitled to interpret the Alien Enemies Act," and that the judge's stance was that "theres not been a declaration of war, and so this act does not apply, does not give the executive branch the authority to make these decisions." However, Kelly interrupted him, pointing out that there are "three different ways that you can get the Alien Enemies Act to apply. Act of war, invasion or predatory incursion. Trump seems to be citing the latter two.
On March 15, President Trump had invoked the Alien Enemies Act of 1798 against the Venezuelan gang Tren de Aragua. This move allowed for immediate arrests and removals of gang members. However, on the same day, Judge Boasberg filed to halt deportations as the Trump administration announced the removal of more than 200 gang members to El Salvador.
Kelly continued to press Aronberg, asking, "How is it not a political question whether weve suffered a predatory invasion from Venezuela? Aronberg responded by saying that the Supreme Court would make that decision.
Kelly countered by pointing out that the courts had "never questioned our declaration of war after 9-11. They didnt question our declaration of war with respect to Iraq or Afghanistan. The courts have typically been reluctant to go anywhere near that kind of political declaration because they understand when youre talking about political questions, the President is at the apex of his powers and the courts, to say theyre at their nadir, they have nothing. They have none.
The case was escalated to the Supreme Court after the D.C. Circuit Court of Appeals upheld Judge Boasberg's temporary halt on March 26. As the nation awaits the Supreme Court's decision on whether to take the case, Judge Boasberg has been scrutinizing DOJ lawyers about their potential defiance of his original court order blocking deportations.
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