The Trump administration and its allies in Congress are attacking the Supreme Court for blocking attempts to deport illegal immigrants under the Alien Enemies Act before the alleged aliens can challenge the use of that authority in court. While the White House is right that the Supreme Court’s decision to issue such an order is “highly irregular,” the administration can blame no one but itself, for its repeated attempts to remove aliens from the country happen before courts can render judgment.

The Supreme Court has a right and duty to ensure the claims of the aliens detained by the government under the Alien Enemies Act are heard by a court, especially because the administration’s invocation of the AEA in an undeclared war is unprecedented.