Tom Cotton suggests SCOTUS will back Trump in over liberal judge in deportation dispute

 March 18, 2025

Republican Sen. Tom Cotton, a vocal supporter of the Trump administration, made headlines when he criticized a U.S. district court judge for intervening in the administration's efforts to deport illegal immigrants involved in gang activities.

Appearing on Hugh Hewitt's radio show this week, Cotton expressed high hopes that the U.S. Supreme Court would ultimately uphold these actions and deliver a warning to progressive judges who are overstepping their bounds, as Breitbart reports.

During his radio appearance on Monday, Cotton took issue with U.S. District Court Judge James E. Boasberg, who had moved to stop the Trump administration's use of the Alien Enemies Act for deporting gang members.

Cotton found particularly troubling a recent incident involving an overseas military flight, already outside U.S. airspace, that Judge Boasberg tried to redirect with those aboard to El Salvador.

Cotton’s Comments Address Current Legal Context

The senator highlighted a recent motion filed by the Department of Justice, led by Attorney General Pam Bondi, to cancel a court hearing in the matter. This move was argued on the basis that no justifiable reason existed for such a hearing.

Cotton stated, “I saw, though, that the Department of Justice over Pam Bondi’s signature filed an hour or two ago a motion to vacate the hearing because there’s no ground for a hearing.”

When discussing the long-standing Alien Enemies Act, Cotton underscored that it hasn't been used in this manner before, yet he expressed confidence in the administration’s compliance with the legal framework. The act dates back two centuries and was originally intended for use during times of war to manage or deport citizens from enemy nations.

Supreme Court’s Potential Role in Dispute

Cotton boldly predicted that if the matter reached the Supreme Court, the justices would back the president's actions under the Alien Enemies Act. He argued that interfering with the President’s “core Article II responsibilities” would not align with the Supreme Court’s previous stance.

The conservative lawmaker remarked, “If they go forward with the hearing, and this rogue Obama judge, again, tries to interfere with the President’s core responsibilities as commander-in-chief, I can’t imagine but that this won’t go to the Supreme Court very promptly, and that President Trump’s actions will be upheld.”

Hewitt, the show's host, acknowledged the age of the Alien Enemies Act. He noted, “I’m amused by legacy media reminding us it’s a 200-year-old law. The Alien Enemies Law is in fact 200 years old.” Despite the law’s age, Cotton insisted its use by the administration is justifiable and appropriate in this context.

Deportation Efforts and Legal Challenges Unfold

The deportation of illegal alien gang members remains a contentious issue, with opposing views on whether the application of the Alien Enemies Act is justified.

Boasberg’s intervention signals a broader judicial challenge to the administration’s deportation policies, sparking debate over the boundaries of judicial authority versus presidential power.

Cotton reinforced the necessity of these actions in maintaining national security and highlighted the seriousness of gang-related crimes committed by illegal aliens. He argued that such deportations are a critical component of the president's duty to safeguard the nation.

Given the complex nature of the legal framework involved, this case could set an important precedent if it reaches the Supreme Court. The outcome may clarify the extent to which older laws can be applied in novel circumstances, as well as define the boundaries between different branches of government.

Implications for Presidential Authority Emerge

This ongoing legal battle touches on more than just immigration policy; it raises fundamental questions about the scope of presidential powers in administering these policies.

Observers from both political sides are keenly watching how these developments might influence the administration's future strategies for dealing with illegal immigration and related criminal activities.

In conclusion, Sen. Tom Cotton's comments underscore a significant moment of tension between the judiciary and executive branches. His prediction of a Supreme Court endorsement of the administration’s deportation efforts underscores a broader debate about the reach of judicial authority and the president’s constitutional duties.

While the immediate focus remains on the usage of the Alien Enemies Act, the broader implications for executive power will likely influence U.S. policy long after this specific case is resolved.

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