This decision reinforces what I've noticed over the last 6 months of reading briefs & listening to arguments made by DOJ - they are treating lower courts like speed bumps on the way to the Supreme Court where they expect a friendly audience that will overlook problems with their strategy or the law.

Does Justice Alito really think that there is some possibility in which "today's decision will be of little more than minor academic interest"?

And then the court points out the obvious...

Building on DC Circuit Court Judge Henderson's concurring opinion last month in J.G.G. v Trump, Judge Sweeney doesn't buy the Trump administration's invocation of the Alien Enemies Act because there's no war or predatory incursion ongoing & Tren de Aragua isn't a hostile nation.

Represented by the ACLU of Colorado, the two Venezuelans argue that Trump's use of the Alien Enemies Act isn't permitted by the terms of the statute, conflicts with the Immigration and Nationality Act, violates asylum, withholding of removal requirements, & due process

Like ongoing litigation in South Texas, this lawsuit requests that the court temporarily block the Trump administration from removing anyone detained in Colorado under the Alien Enemies Act