Trumps The challenge of an order of the Federal Court fuels a constitutional crisis A legal scholar unpacking the complicated affair

President Donald Trump invoked the extraterrestrial enemy law of 1798 on March 15, 2025 and deported around 200 Venezuelan immigrants that his administration presumed to have links with a Venezuelan gang. The judge of the American district court James Bloasberg verbally issued an order on the same day by telling the government that the planes carrying the deportees must return to the United States.

The American government, however, has enabled thefts to continue and for Venezuelans to hold in an establishment in Salvador infamous for its ill -treatment of prisoners.

The subsequent legal back and forth, which is still taking place, has intensified so quickly and spectacularly that many legal specialists say that the United States has exceeded the constitutional crisis, because the Trump administration seems to be challenged by the federal court, for which Boasberg could hold the government in contempt. Trump also called Bloasberg to be dismissed. The chief judge of the Supreme Court, John Roberts, then published a rare public declaration that day, rejecting the declaration of Trumps.

For more than two centuries, it has been established that dismissal has not been an appropriate response to disagreement concerning a judicial decision, Roberts said in a written statement on March 18.

Amy Lieberman, editor in terms of policy and society during conversation in the United States, asked Cassandra Burke Robertson a few questions, scholar of civil procedures and legal ethics, to break some of the dynamics of this complex and scalable case.

President Donald Trump shakes the hand of the chief judge of the Supreme Court John Roberts in Washington, DC, March 4, 2025. Win McNamee / Getty images

Is it rare that a judge of the Supreme Court weigh on the activities or declarations of politicians?

It is rare for a Supreme Court judge to publicly contradict a president. Roberts has generally shown great respect for the separation of powers between government branches. He also constantly recognized that the presidents have a broad power to manage the federal government.

However, this is not the first time that Roberts spoke to protect judicial independence. During the first term of Trumps in 2018, the president criticized the decisions as coming from the judges of Obama. Roberts replied publicly and said that we have no judges from Obama or trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of dedicated judges making their best to make an equal right to those who present them before them.

Why is Roberts Declaration and what influence in this situation?

Roberts heads the United States Supreme Court. He also oversees all federal courts across the country.

Roberts takes on this role of leadership very seriously. He was willing to speak when he believes that something threatens legal operations and independence.

Since Roberts was confirmed as chief judge in 2005, he often explained publicly why judges must remain independent of political pressure. He highlighted four main threats to the independence of judges: violence, intimidation, disinformation and threats to legally challenge judgments.

When Roberts makes a public declaration, she has weight because he speaks as the first judicial agent in the country. His words recall the importance of keeping the courts free from political interference.

What is most important for people to understand about the Alien Enemies Act affair that Judge Boasberg is currently considering?

First, Trump uses a rarely used war law, the Extraterrestrial Enemies Act. This law authorizes deportations for a period of war without normal legal protections such as court hearings. Some legal experts argue that Trump does not have the power to use this law because the United States is not officially at war with Venezuela or with the Gang that the administration cited, Tren de Aragua. They fear that invoking it the law on extraterrestrial enemies inappropriately extends the presidential power beyond the constitutional limits and could be used inadvertently to target other groups of immigrants.

Secondly, Boasberg ordered a cessation of these deportations on March 15. But the Trump administration still continued the deportations. He then said that he had not violated the judges' order because the planes were on international waters. Under our legal system, executive power must obey valid judicial orders. This case raises concerns as to whether the president respects the authority of the courts.

James E. Boasberg, chief judge of the district court, District of Columbia. https://www.dcd.uscouts.gov/content/chief-judge-james-e-boasberg

Third, Trump publicly called Boasberg to be dismissed, saying that the judge had exceeded his authority by moving against the actions of the presidents. There is no evidence that Boasberg acted corrupt or badly, he simply made a legal decision with which the president disagreed.

The case addresses fundamental questions about the balance of powers between the presidents and the courts, and what happens when an administration chooses not to follow the orders of judges. This confrontation between the branches represents one of the most direct challenges of the judicial authority by a president of American history.

What would it take for a judge to be dismissed, and what is the previous one to do so, on the basis of disagreements on a case?

Federal judges can only be dismissed by congress only for high crimes and crimes. This generally means serious reprehensible acts, not just to make unpopular decisions.

The process of indictment of judges operates as for the presidents.

First, the House of Representatives votes to dismiss, needing a simple majority. Then, the Senate has a trial where a majority of two thirds is necessary to withdraw the judge.

Only 15 federal judges have never been charged in the United States, and among these, only eight were sentenced by the Senate.

The only two judicial dismissals during this century involved very serious misconduct, including a judge who lied about the sexually abuse of two employees in 2009.

Only judges who have a serious fault have been dismissed and dismissed from his duties and not from the persons involved in the event of political disagreements on judicial decisions.

What are the most important legal and ethical questions raised by this affair?

This case raises important questions about the rule of law in the United States, a key American belief is that no one, not even the president, is above the law. As Thomas Paine wrote in 1776, in America, the law was king.

This does not mean that each court decision is always fair. This is why the legal system has appeal courses, as Roberts stressed, so the decisions with which people in disagreement can be disputed by an appeal in the appropriate channels. My learned research on the right to call explore how this process serves as a crucial guarantee in the country's legal system.

Twenty years ago, Roberts also stressed the importance of the rule of law, claiming that he protects the rights and freedoms of all Americans.

When a government chooses to ignore judicial orders instead of attributing them through the legal system, this creates a serious threat for this principle. The current situation raises concerns as to whether the federal government will continue to respect the limits established by the Constitution in the country's legal system.

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