Appeals court reverses Trump administration contempt ruling

By 
 updated on August 8, 2025

A federal appeals court just handed the Trump administration a win by tossing out a judge’s overreach in a deportation dispute.

On Friday, a divided panel in Washington, D.C., overturned a contempt finding against the Trump administration for deporting 250 Venezuelan migrants to El Salvador’s Terrorism Confinement Center (CECOT), a move U.S. District Judge James E. Boasberg had called a violation of his order to return the planes, as the Associated Press reports.

The saga began when Boasberg, a Barack Obama appointee, demanded that planes carrying the migrants turn back mid-flight. His verbal order, never formalized in writing, was ignored as the planes landed in El Salvador. Boasberg then accused the administration of rushing deportees out under the Alien Enemies Act, denying them a chance to challenge their removal.

Judge’s order sparks controversy

Boasberg claimed the administration showed “willful disregard” for his directive. He pushed for criminal contempt proceedings, escalating tensions with the executive branch. The Trump team countered that the order lacked clarity and wasn’t binding.

“There was zero ambiguity in Boasberg’s order about the planes,” said ACLU attorney Lee Gelernt. His indignation assumes judicial edicts are sacred, yet the appeals court saw through the overblown rhetoric. Boasberg’s attempt to strong-arm the administration didn’t hold up.

The appeals court, led by Trump-appointed Judges Gregory Katsas and Neomi Rao, ruled that Boasberg overstepped his authority. “The district court’s order attempts to control the Executive Branch’s conduct of foreign affairs,” Rao wrote, pointing out the judiciary’s limited reach in such matters. This rebuke highlights the dangers of activist judges meddling in policy.

Judicial overreach critiqued

Judge Cornelia Pillard, also an Obama appointee, dissented, claiming the majority wronged Boasberg. “The majority does an exemplary judge a grave disservice,” she wrote. Her defense of judicial power smells like progressive loyalty to an overreaching colleague.

The 250 migrants, sent to CECOT under the Alien Enemies Act, were later released to Venezuela in a prisoner swap. This outcome undercuts Boasberg’s narrative of irreparable harm. The administration’s deal-making shows pragmatic governance, not reckless defiance.

Attorney General Pam Bondi celebrated the ruling as a “MAJOR victory” for Trump’s use of the Alien Enemies Act. Her enthusiasm reflects a broader conservative push to reclaim executive authority from unelected judges. The left’s outrage over deportations often ignores the act’s legal grounding.

ACLU’s push falls flat

Gelernt, undeterred, vowed to explore “all options” after the ruling. “We strongly disagree with today’s decision regarding contempt,” he said. His persistence reeks of the ACLU’s endless quest to obstruct border security.

The Justice Department didn’t stop at defending the administration’s actions. In July 2025, it filed a judicial misconduct complaint against Boasberg, citing his comments at a closed-door judges’ meeting. This bold move signals a fed-up executive branch tired of judicial grandstanding.

The complaint also demanded Boasberg’s removal from the case pending investigation. It’s a rare but warranted challenge to a judge whose actions suggest bias over reason. The appeals court’s ruling aligns with this skepticism of Boasberg’s motives.

Executive power prevails

The Venezuelan migrants’ deportation to CECOT sparked heated debate over due process. Critics like Gelernt argue the administration skirted legal protections. Yet the Alien Enemies Act, a centuries-old tool, empowers swift action against perceived threats.

The appeals court’s 2-1 decision underscores a key conservative principle: the executive branch, not activist judges, holds sway over national security. Katsas and Rao’s majority opinion rightly prioritizes this balance. Boasberg’s attempt to micromanage deportations was a step too far.

This ruling is a blow to the progressive agenda that seeks to paralyze immigration enforcement. The Trump administration’s victory ensures that executive authority, not judicial overreach, drives policy. As the dust settles, conservatives cheer a judiciary finally checked by common sense.

About Alex Tanzer

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