Source: The Volokh Conspiracy
by Ilya Somin
“In a previous post, I argued that Donald Trump’s plan to use the Alien Enemies Act of 1798 as a tool for peacetime mass deportation is illegal, but also noted that courts might nonetheless refuse to invalidate the plan, because they might (wrongly) conclude that the issue is a ‘political question’ that judges are not allowed to consider. … In a post at the Originalism Blog, Michael Ramsey — a leading scholar of constitutional foreign affairs law — largely agrees with my analysis. But he suggests the political question issue is more easily resolved than I thought …” (10/16/24)