In an unsigned opinion Monday night, the court's conservative majority didn't rule on that question. But it gave the Trump administration all it needed to continue with the deportations, with one caveat. It said that from here on in, the alleged gang members need to be given notice of deportation, and the opportunity to contest the deportation.
The court, however, said there is only one way to do that. And that is by challenging their detentions on a case-by-case basis.
The initial lawsuit challenging the order, from the American Civil Liberties Union and Democracy Forward, had sought to block use of the Alien Enemies Act through a "class action," in which a handful of people can sue on behalf of all other similarly situated individuals.
Trump asks Supreme Court to allow deportations under Alien Enemies Act
But the court said that the men should have brought their challenges through individual "habeas petitions."
Technically habeas corpus means "produce the body." In practice it means that an imprisoned individual has the right to challenge his detention or deportation, but only for himself, and only, the court said, in the places where deportees were being detained. In this case, the named plaintiffs were being held in Texas, a state, where, as the dissenters observed, judges are not likely to be sympathetic.