Trump-appointed judge spars with George W. Bush-appointed judge in Alien Enemies Act concurrence and dissent

Source: Law & Crime

Oct 1st, 2025, 4:18 pm


A pair of judges on the U.S. Court of Appeals for the Fifth Circuit sparred with choice words in an unusual Tuesday order in a case about the Trump administration's use of the Alien Enemies Act (AEA).

Taking dueling positions were, on one side, U.S. Circuit Judge James C. Ho, appointed by President Donald Trump during his first term, and on the other side, U.S. Circuit Judge Leslie H. Southwick, a George W. Bush appointee.

The ruling itself is terse and unsigned – and vacates an earlier three-judge panel ruling which found Trump's AEA proclamation to be invalid. Now, the full appellate court will rehear the case.

"A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor, IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed," the two-paragraph order reads.

Read more: https://lawandcrime.com/health-care/we-are-where-we-are-trump-appointed-judge-spars-with-george-w-bush-appointed-judge-in-alien-enemies-act-concurrence-and-dissent/