Federal courts are increasingly stepping into disputes the Trump administration argues fall squarely under the president’s foreign policy and national security authority, raising a critical constitutional question: When it comes to matters of national security, who decides?
From efforts to deport pro-Palestinian activists to the use of the Alien Enemies Act against Venezuelan nationals, the Trump administration has taken the position that these are inherently diplomatic or security decisions — and thus outside judicial review. But judges have been pushing back, asserting their own authority to evaluate whether these claims hold up under the Constitution and statutory law.
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