by Shawn Fleetwood at the Federalist
‘I worry that the disrespect they have been shown will not inspire continued respect for the judiciary, without which we cannot long function.’
The refusal by a majority on the U.S. Supreme Court (SCOTUS) to shut down leftists’ lower court judicial coup against President Trump has drawn sharp rebukes from conservatives across America. These critics (correctly) argue that the high court’s unwillingness to stop (and at times, its willingness to participate in) this effort both subverts the power of the executive branch and undermines the will of the more than 77 million Americans who voted for the president in the 2024 election.
But it’s not just judicial commentators and everyday citizens who are getting fed up with the justices’ political gamesmanship.
Last week, a three-judge panel on the Fifth Circuit Court of Appeals issued an order “expedit[ing] to the next available randomly designated regular oral argument panel” the case known as A.A.R.P. v. Trump. The matter centers around Trump’s use of the Alien Enemies Act to deport Venezuelan Tren de Aragua gang members.
The order came as part of the lower court’s compliance with a May 16 SCOTUS decision, in which a majority (7-2) on SCOTUS remanded the case back to the Fifth Circuit. As described by Fox News, the ruling — in which Associate Justices Samuel Alito and Clarence Thomas dissented — “revolved around the alleged illegal immigrants not having enough time to reasonably file a challenge to their deportations.”
While the Fifth Circuit panel’s order followed the Supreme Court’s instructions, it also included a multi-page concurring opinion from Judge James Ho. In addition to arguing that the identified Tren de Aragua members “should not be allowed to proceed in this appeal,” the Trump appointee excoriated the high court for the “disrespect” it has shown “the district judge as well as the President and other officials” in the case.
“As an inferior court,…
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