Supreme Court of the United States
A.a.r.p. v. Trump
May 16, 2025605 U.S. 91
Summary
The Per Curiam Court granted the petition for a temporary injunction, vacated the Fifth Circuit's judgment, and remanded for further proceedings, holding that the detainees are entitled to more notice before removal. Justice Kavanaugh concurred, agreeing with the injunction but urging the Court to grant certiorari and proceed directly to the merits rather than remand. Justice Alito, joined by Justice Thomas, dissented, arguing the Court lacks jurisdiction and that the applicants failed to meet the requirements for emergency injunctive relief.
Holding
- Whether the Court has jurisdiction to issue a temporary injunction pending appellate review of an interlocutory order. The Court has jurisdiction to review interlocutory orders that have the practical effect of refusing an injunction, and therefore may grant the injunction.
- Whether the detainees are entitled to notice and injunctive relief under the Alien Enemies Act. The detainees must receive reasonable notice of removal and an opportunity to seek habeas relief before removal; the Court grants temporary injunctive relief to preserve jurisdiction.
- Whether classwide relief is appropriate in this context. The Court permits temporary relief to a putative class without deciding class certification, directing the Fifth Circuit to address notice and class issues on remand.
Docket 24A1007
Cited authorities
- 50 U.S.C. §21
- 90 FR 13033
- 28 U.S.C. §1651
- 28 U.S.C. §1254
- 81 Harv. L. Rev. 1482
- 83 Harv. L. Rev. 1038
- 28 U.S.C. §1651
- Fed. R. Civ. P. 23