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28m ago

Courts Curb Trump on Tariffs, Deportations and Troop Use as Supreme Court Showdown Nears

The administration is preparing Supreme Court appeals after a spate of lower‑court defeats.

On a cold day in winter on November 16, 2022, one anonymous person stands in front of the Supreme Court of the United States in Washington DC.
A bronze statue of English legal scholar Sir William Blackstone stands in front of the E. Barrett Pettyman United States Courthouse on July 7, 2024, in Washington. The courthouse houses the US District Court for the District of Columbia, the US Court of Appeals for the District of Columbia, and the US Foreign Intelligence Surveillance Court.
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Overview

  • A divided Fifth Circuit ruled Trump unlawfully invoked the Alien Enemies Act to speed deportations of alleged members of a Venezuelan gang, setting up a likely Supreme Court test.
  • The Federal Circuit struck down many of the administration’s tariffs as an improper use of emergency powers, though the duties remain in place until October while appeals proceed.
  • U.S. District Judge Charles Breyer found the use of federalized troops in the Los Angeles area violated the Posse Comitatus Act, and the administration has appealed.
  • Judge Thomas Cullen dismissed the administration’s unprecedented suit against Maryland’s federal judges for lack of standing and judicial immunity, and the government is appealing.
  • Legal scholars, including former Justice Stevens clerk Kate Shaw, criticize the Supreme Court’s reliance on the shadow docket and call for congressional reforms to check unilateral executive power.