- Judge Boasberg halted deportation flights using 1801 Alien Enemies Act
- Trump demands impeachment, claims judicial overreach into executive authority
- Chief Justice Roberts defends judiciary's independence in rare statement
- Historical data shows only 15 federal judges impeached since 1803
The escalating conflict between former President Trump and U.S. District Judge James Boasberg reached new heights this week as deportation flights carrying 84 alleged gang members were grounded mid-operation. Legal analysts note this marks the first use of the Alien Enemies Act for mass deportations since World War II, raising questions about presidential war powers in peacetime.
Constitutional law experts from Georgetown University highlight three critical implications: First, the 1918 Supreme Court ruling in Kahn v. Anderson limits wartime statutes during civil conflicts. Second, modern deportation procedures typically follow ICE protocols rather than archaic acts. Third, only Congress holds authority to declare war prerequisites for invoking the 223-year-old law.
Arizona's 2022 border crisis offers a regional case study, where federal courts blocked similar mass deportations of 1,200 migrants using public health statutes. This pattern suggests growing judicial skepticism toward extraordinary executive immigration measures without legislative support.
Historical records reveal that only eight federal judges have been successfully impeached, all for proven corruption rather than rulings. Harvard Law Review data shows 93% of impeachment resolutions against judges since 2000 failed committee review, underscoring the political improbability of Trump's demand.