CNN legal analyst Jennifer Rodgers on Tuesday said the U.S. Supreme Court did not rule on the Trump administration's use of the Alien Enemies Act to deport migrants, telling CNN's John Berman she's "disturbed" by the Court's failure to "engage with the bad faith of the administration."
"I am disturbed that they didn't at least give us a hint that this may not be a proper use of the act." she said.
"I'm also really disturbed.. by their failure to engage with the bad faith of the administration here in rushing these people onto a plane, in not releasing the proclamation publicly, in rushing them despite the fact they had a court hearing in place," she added.
Rodgers also said the Supreme Court's Monday night ruling did not grant the Trump administration excessive powers to continue its ongoing deportations under the Alien Enemies Act, noting the administration will have to prove the deportees fall within the category of people who can be removed. Her analysis comes despite spin from President Donald Trump and his supporters claiming victory in the case.
"They'll have to prove that it's legal to remove them under that act," Rodgers argued.
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CNN's Berman cited analysis from Politico senior legal affairs reporter Josh Gerstein, who on Monday argued "the Supreme Court did not uphold ANY ASPECT of Trump's use of Alien Enemies Act."
"It said challengers filed in the wrong court," Berman said, quoting Gerstein's analysis. "That's bad news for the 130 men already deported to El Salvador, but all the major questions remain unresolved."
Rodgers agreed with that take and said the Supreme Court wanted the challengers to field the case where the deportees were physically present.
"It will have to go to Texas, where the five migrants who were plaintiffs in one of the actions are currently being held," she explained.
"For the people who are outside of the United States, to the extent that they have a recognized Habeas (corpus) claim, it would be brought in the District of Columbia. That's where extraterritorial Habeas are brought," she added.
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She further said the challengers will be able to argue that the Alien Enemies Act does not apply to them. "We are not at war with Venezuela. Venezuela has not invaded us. Neither has this gang, Tren de Aragua," she said.
The analyst said the deportees may be able to prove they are not the members of the gang. "None of that individualized proof has happened in this case yet," Rodgers explained.
Earlier on Tuesday, U.S. District Judge James Boasberg canceled a hearing that was set for Tuesday afternoon concerning the Trump administration's use of the Alien Enemies Act to deport suspected gang members without due process. This development comes after the Supreme Court's ruling on Monday night, which permitted the administration to proceed with these deportations.
Boasberg had intended to discuss whether to convert the temporary restraining order he issued last month, which halted these deportations, into a more permanent preliminary injunction.
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Rodgers said she was disturbed by the court's "failure to engage with the bad faith of the administration in rushing these people onto a plane, in not releasing the proclamation publicly, in rushing them despite the fact they had a court hearing in place."
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