Tangle Podcast Summary

Episode: The Supreme Court Rules on Trump's Deportations
Host: Isaac Saul
Release Date: April 9, 2025

1. Introduction

Isaac Saul opens the episode by welcoming listeners to Tangle, an independent, non-partisan political news podcast. He previews the main topic: the Supreme Court's recent ruling on former President Donald Trump's deportation of unauthorized migrants from Venezuela to El Salvador. Isaac also teases an upcoming interview with Richard Hananya, a controversial figure within the "new Right," highlighting Hananya's complex background and recent expressions of regret regarding his support for Trump.

2. Main Story: Supreme Court Ruling on Trump's Deportations

Presenter: John Lowell
Timestamp: [01:47]

John Lowell provides a comprehensive overview of the Supreme Court's decision in Trump v. JGG. The Court ruled 7-2 to lift a federal judge's block on the Trump administration's use of the Alien Enemies Act (AEA) to deport migrants to El Salvador. The decision does not directly endorse the administration's actions but establishes that deportees have the right to challenge their removal through habeas corpus in the jurisdiction where they are detained.

Key Points:

• Trump's Action: On March 15, the Trump administration deported hundreds of alleged gang members to El Salvador, invoking the AEA of 1798.
• Legal Challenge: U.S. District Judge James Boasberg blocked the deportations, leading to an emergency appeal.
• Supreme Court Decision: The Court's majority opinion, without authorial attribution, emphasized that while the AEA remains valid, deportees must seek judicial review via habeas corpus in their detention locations, not centrally in Washington, D.C.
• Dissenting Opinions: Justices Ketanji Brown Jackson and Amy Coney Barrett expressed concerns about the administration's lack of judicial oversight and procedural aspects of the ruling.

Notable Quotes:

• "SCOTUS didn't just rule in Trump's favor today, they ruled in America's favor. They upheld the rule of law, the original intent of the Constitution, and the principle that no foreign gang member has the right to remain in the country they seek to destroy." — John Lowell [11:12]
• "Habeas corpus has been the proper vehicle for detainees to bring claims seeking to bar their transfers." — Justice Brett Kavanaugh (Concurrence) [05:00]

3. Perspectives from the Political Spectrum

a. The Right's Perspective

John Lowell summarizes the conservative response, highlighting praise for the ruling as a vindication of Trump's actions and a triumph for national security.

Key Points:

• Vindication of the AEA: Conservatives view the decision as upholding the historical intent of the AEA, providing the President with broad authority to remove foreign nationals deemed dangerous.
• Critique of Lower Courts: Judge Boasberg was criticized for misapplying the AEA to non-state actors like gangs.
• National Security Emphasis: The ruling is seen as protecting America from threats posed by foreign gangs.

Notable Quotes:

• "This isn't just a Trump win. This is a national security win. This is a common sense win." — John Lowell [11:12]
• "SCOTUS ruled that the 1798 Alien Enemies Act, still on the books, still valid, and as it turns out, still potent, gives the president broad discretion in terms of conflict to remove foreign nationals deemed dangerous to public safety." — John Lowell [11:12]

b. The Left's Perspective

Contrastingly, Lowell outlines the liberal backlash, expressing concerns that the ruling facilitates more aggressive and potentially unlawful deportations.

Key Points:

• Due Process Undermined: Critics argue the ruling makes it easier for the administration to deport individuals without adequate legal safeguards.
• Judicial Review Limitations: The requirement to file habeas corpus petitions in conservative-leaning federal courts (e.g., the Fifth Circuit) poses significant hurdles for migrants seeking relief.
• Systemic Issues Ignored: The ruling does not address the broader misuse of the AEA for systematic deportations.

Notable Quotes:

• "The majority's unsigned, thinly reasoned decision will make it significantly easier for the administration to illegally ship off innocent people to a Salvadoran prison where all their constitutional rights and quite possibly their lives will be snuffed out." — Mark Joseph Stern [11:12]
• "The government seems willing to hide behind less obvious legal artifices to make it harder for federal courts to actually restrain conduct by the current administration that everyone believes to be unlawful." — Steve Vladek [11:12]

4. Isaac Saul’s Take

Timestamp: [20:34]

Isaac provides his analysis, finding the ruling a "mixed bag." He appreciates the Court's unanimous agreement on the necessity of due process for deportees but is concerned about the procedural hurdles imposed by directing challenges through habeas corpus in specific jurisdictions.

Key Points:

• Positive Aspects:
  • Affirmation of due process rights for migrants.
  • Clear stance that the Executive Branch must uphold constitutional protections.
• Negative Aspects:
  • Procedural challenges making it difficult for migrants to challenge deportations effectively.
  • Potential for administration manipulation by transferring detainees to less favorable courts.
  • Lack of immediate relief for already deported individuals.

Notable Quotes:

• "The Supreme Court is unanimous that Trump violated the constitutional rights of the people he deported to El Salvador, and it is protecting the legal pathway they have to challenge the orders." — Isaac Saul [20:34]
• "The ruling is saying plainly that the deported migrants have had their constitutional rights violated, but making any challenge to rectify that violation as difficult, onerous, and unlikely to succeed as possible." — Isaac Saul [20:34]

5. Listener Questions

Timestamp: [26:42]

Isaac addresses a question from an anonymous listener in Washington, D.C., regarding the potential for a constitutional crisis if all five warning signs he previously identified are transgressed.

Key Points:

• Five Warning Signs Recap:

  1. DOJ or FBI prosecuting Democrats without cause.
  2. Administration using military against peaceful protesters.
  3. Erosion or end of fair elections.
  4. Democrats folding to Trump or restricting free speech.
  5. Ongoing infringements already underway (e.g., AP removed from White House press pool, ICE deporting protestors).

• Isaac’s Responses:

  • Tangle continues to monitor and report on these issues.
  • Emphasizes the importance of perspective and not prematurely declaring the end of democracy.
  • Notes recent positive signs, such as fair elections in Wisconsin and Florida, absence of DOJ/FBI overreach, and active legislative opposition from Democrats.

Notable Quotes:

• "We don't think it's our job to declare the end of democracy. We are reporting the news day to day and we will raise serious concerns when it feels warranted." — Isaac Saul [26:42]
• "It's important to continue to provide perspective... Some of those deportations are being checked by the courts and millions of people peacefully protested the government this weekend without President Trump setting the military on them." — Isaac Saul [26:42]

6. Additional Stories

Presenter: John Lowell
Timestamp: [29:34]

John shares an under-the-radar story about President Trump's renewed interest in the blocked $14.9 billion acquisition of U.S. steel by Nippon Steel. Trump has ordered a new review by the Committee on Foreign Investment in the United States (CFIUS), signaling a potential policy shift after initial opposition during Joe Biden's administration.

7. Numbers and Polls

Timestamp: [29:34]

John presents recent poll data and statistics related to the episode's main topic:

• Public Opinion on Deportations:

  • Overall US Adults: 26% support, 61% oppose.
  • Democrats: 5% support, 89% oppose.
  • Independents: 22% support, 62% oppose.
  • Republicans: 52% support, 34% oppose.

• Justice Amy Coney Barrett’s Voting Patterns:

  • Majority votes with Republican colleagues: 70% (2020), 73% (2021), 56% (2022).
  • Majority agreement on cases: 91% (2020), 90% (2021), 91% (2022), 92% (2023).
  • Martin Quinn score for 2023-2024 term: 68 (fourth most conservative).

• Human Interest Story:

  • Texas State Trooper Cody Durham rescued an injured driver from a burning car on January 9, exemplifying acts of bravery and humanity.

8. Conclusion

John Lowell wraps up the episode by encouraging listeners to support Tangle through memberships and previews the next day's content. Staff credits are given, acknowledging the team behind the podcast.

Key Takeaways

• Supreme Court Decision: While the ruling upholds the government's authority under the Alien Enemies Act to deport certain individuals, it simultaneously enforces due process rights, mandating that migrants challenge their deportation via habeas corpus in their detention locations.
• Political Reactions: The ruling is celebrated by conservatives as a national security victory but criticized by liberals for potentially enabling further unlawful deportations and complicating legal recourse for affected migrants.
• Isaac’s Analysis: Appreciates the affirmation of due process but is wary of the procedural barriers placed before migrants seeking justice.
• Ongoing Coverage: Tangle remains vigilant on additional indicators of democratic erosion, emphasizing balanced reporting and continued advocacy for constitutional protections.

For more detailed discussions and nuanced insights, listen to the full episode of Tangle by Isaac Saul.