This past weekend saw America's highest judicial body temporarily block the Trump administration from using the Alien Enemies Act from swiftly deporting alleged gang members.

Although six of the Supreme Court's justices signed on to the order, one of them denounced it as being an "unprecedented" decision. 

Justice Samuel Alito says order was "legally questionable"

According to Fox News, Justices Clarence Thomas and Samuel Alito were alone in opposing the move, with Alito authoring a strident dissent.

"[T]he Court issued unprecedented and legally questionable relief without giving the lower courts a chance to rule, without hearing from the opposing party, within eight hours of receiving the application, with dubious factual support for its order, and without providing any explanation for its order," Alito was quoted as writing.

The Bush appointee then went on to point out how the Supreme Court had opted to issue its order in the early morning hours.

"I refused to join the Court’s order because we had no good reason to think that, under the circumstances, issuing an order at midnight was necessary or appropriate," he stressed.

"Both the Executive and the Judiciary have an obligation to follow the law. The Executive must proceed under the terms of our order in Trump v. J. G. G., 604 U. S. ___ (2025) (per curiam), and this Court should follow established procedures," Alito went on to note.

Alien Enemies Act has been used in multiple conflicts

The Alien Enemies Act is a 1798 law which allows for citizens of any country with which the United States is at war to be detained or expelled.

NPR recalled how the legislation was previously used during the War of 1812, World War I, and World War II to detain and remove foreign nationals.

President Donald Trump argued in a proclamation issued last month that the Alien Enemies Act can also be applied to members of the Venezuelan gang Tren de Aragua.

Trump accused Tren de Aragua of "conducting irregular warfare and undertaking hostile actions against the United States" as a proxy for Venezuela's hostile regime.

Legal analyst says Supreme Court may "go toe to toe" with Trump

Meanwhile, Newsweek noted how legal analyst Mark Joseph Stern recently suggested that the Supreme Court's recent order is a sign of growing conflict between the White House and Supreme Court justices.

Stern wrote in a post on the left-wing social media platform Bluesky that the order "potentially a massive signal from the Supreme Court that it is finally prepared to go toe to toe with Trump to halt [Alien Enemies Act] deportations."

He also remarked that "[i]t is SO unusual for the Supreme Court to issue an order this late at night and honestly incredible only Thomas and Alito noted their dissents."