Cite as: 604 U. S.
(2025)
9
SOTOMAYOR, J., dissenting
whether its March 15 deportations complied with the Dis-
trict Court’s orders, it simultaneously sought permission to
resume summary deportations under the Proclamation.
The District Court, first, denied the Government’s motion
to vacate its temporary restraining order, rejecting the as-
sertion that “the President’s authority and discretion under
the [Alien Enemies Act] is not a proper subject for judicial
scrutiny.” App. to BIO 71a. At the very least, the District
Court concluded, the plaintiffs were “likely to succeed” on
their claim that, “before they may be deported, they are en-
titled to individualized hearings to determine whether the
Act applies to them at all.” 2025 WL 890401, *2. The D. C.
Circuit, too, denied the Government a requested stay and
kept in place the District Court’s pause on deportations un-
der the Alien Enemies Act pending further proceedings.
2025 WL 914682, *1 (per curiam) (Mar. 26, 2025).
It is only this Court that sees reason to vacate, for the
second time this week, a temporary restraining order
standing “on its last legs.” Department of Education, 604
U. S., at (JACKSON, J., dissenting) (slip op., at 1). Not
content to wait until tomorrow, when the District Court will
have a chance to consider full preliminary injunction brief-
ing at a scheduled hearing, this Court intervenes to relieve
the Government of its obligation under the order.
II
Begin with that upon which all nine Members of this
Court agree. The Court’s order today dictates, in no uncer-
tain terms, that “individual[s] subject to detention and re-
moval under the [Alien Enemies Act are] entitled to judicial
review’ as to ‘questions of interpretation and constitution-
ality’ of the Act as well as whether he or she ‘is in fact an
alien enemy fourteen years of age or older.”” Ante, at 2
(quoting Ludecke v. Watkins, 335 U. S. 160, 163–164, 172,
n. 17 (1948)). Therefore, under today’s order, courts below More