A United States appeals court has thrown out a lower judge’s determination that the administration of President Donald Trump could face charges for acting in contempt of court during the early days of his mass deportation drive.
The ruling on Friday undid one of the most substantial rebukes to the Trump administration since the start of the president’s second term.
The appeals court, however, was split two to one. The majority included two Trump-appointed judges, Gregory Katsas and Neomi Rao. The sole dissent was Judge Cornelia Pillard, an appointee from former President Barack Obama.
In a decision for the majority, Rao ruled that the lower court had overstepped its authority in opening the door for Trump officials to be held in contempt.
“The district court’s order attempts to control the Executive Branch’s conduct of foreign affairs, an area in which a court’s power is at its lowest ebb,” Rao wrote.
But Pillard defended the lower court’s decision and questioned whether the appeals court was, in fact, eroding judicial authority in favour of increased executive power.
“The majority does an exemplary judge a grave disservice by overstepping its bounds to upend his effort to vindicate the judicial authority that is our shared trust,” she wrote.
Trump administration celebrates decision
The appeals court’s decision was hailed as a major victory by the Trump administration, which has long railed against the judicial roadblocks to its agenda.
“@TheJusticeDept attorneys just secured a MAJOR victory defending President Trump’s use of the Alien Enemies Act to deport illegal alien terrorists,” Attorney General Pam Bondi wrote on social media.
“We will continue fighting and WINNING in court for President Trump’s agenda to keep America Safe!”
The court battle began in March, when US District Court Judge James Boasberg, based in the District of Columbia, heard arguments about Trump’s use of the Alien Enemies Act to deport Venezuelan men accused of being gang members.
That law allows for swift deportations of foreign nationals — and has, prior to Trump, only been used in wartime.
Boasberg ruled to pause Trump’s use of the law and ordered the administration to halt any deportation flights, including those that may already be in the air.
But two deportation flights carrying about 250 people nevertheless landed in El Salvador after the ruling.
The Trump administration maintained it was unable to safely reroute the flights and expressed confusion about whether Boasberg’s verbal order was binding.
It also questioned whether Boasberg had the authority to intervene. Trump went so far as to call for Boasberg’s removal, writing on Truth Social in March: “This judge, like many of the Crooked Judges’ I am forced to appear before, should be IMPEACHED!!!”
Weighing penalties for contempt
In April, Boasberg determined that the Trump administration’s actions showed a “wil