🚨🚨🚨Tenth Circuit side-steps clear problems with lower court's Temporary Restraining Order that bars Trump Administration for removing aliens under Alien Enemies Act. Fundamental issue with TRO is that named plaintiffs are NOT subject to Proclamation or removal under AEA. 1/
2/ But Tenth Circuit ignores merits & instead says no irreparable harm absent the stay BECAUSE Supreme Court has already stayed removals under AEA so no realistic probably Trump Administration could remove any members of class before May 6, 2025.
3/ BUT if SCOTUS removed stay tomorrow, Trump Administration could remove those who had not yet sought habeas relief, so that rationale is suspect. Tenth Circuit clearly figured no harm so no need to wade into issue.
4/ That might be true if SCOTUS had barred removal for definitive time, but it didn't. And interfering with President's handling of terrorist invaders is irreparable harm, so Court should have looked at merits & on merits plaintiffs can't win because they aren't subject to AEA.
5/5 Failure of appellate courts to check lower courts, here on standing and certification of class action, is emboldening them. 10th Circuit should have halted case now. https://storage.courtlistener....