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Advisory Opinions

🚨 Trump (Kind Of) Wins On Alien Enemies Act

Advisory Opinions

The Dispatch

News, Politics, Government

4.8 • 3.6K Ratings

🗓️ 8 April 2025

⏱️ 39 minutes

🧾️ Download transcript

Summary

Sarah Isgur and David French review the Supreme Court’s emergency decision on the Trump administration’s use of the Alien Enemies Act. The Agenda: —Due process matters —The clean hands problem —More forum shopping —What is “reasonable notice”? —Firing probationary workers —Amy Coney Barrett and John Roberts are the new swing votes Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:30.6

Ready?

0:32.3

I was born ready.

0:33.7

I was born ready.

0:37.2

Oh! Oh! and ready.

0:56.4

Welcome to advisory opinions, an emergency podcast about the emergency docket. I'm Sarah Isgar. That's David French and David. We have now three buckets of emergency docket decisions. One, the money. Two,

1:04.7

immigration and three, the firings. And we're going to spend most of our time on the immigration part of this docket because

1:13.0

that's where we have the most meat, especially this decision, on the removal of those

1:18.0

Venezuelan aliens who are removed under the Alien Enemies Act.

1:24.3

And look, David, here's the punchline.

1:26.8

Is this a Marbury v. Madison emergency docket case?

1:32.0

You know, Sarah, it just might be. We might be watching some jiu-jitsu here, and we're going to explain why.

1:38.7

We normally don't like to go with jiu-d-9D chess explanations, but I detect, we detect more than an aroma

1:47.5

of jujitsu here, and we'll explain.

1:50.2

And in that case, this wasn't just a partial loss for the administration.

1:55.8

You know, oh, they're saying that they won and they can, you know, use the Alien

1:59.4

Enemies Act and this gets thrown out of

...

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