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Supreme Court Case Tracker

Emergency application

A.A.R.P. v. Donald J. Trump, President of the United States

Granted
No. 24A1007Injunction applicationFiled by a private partyPresented to Justice AlitoFrom United States Court of Appeals for the Fifth Circuit

What did the Court do?

The Court granted the request on May 16, 2025 and ordered emergency relief (an injunction) while the case continues.

Emergency rulings are temporary and do not decide the underlying case. Justice Alito and Justice Thomas would have ruled the other way.

Filed Ruled 28 days after filing

What's being asked

A private party asks the Supreme Court for an emergency order (an injunction) while the case continues in the United States Court of Appeals for the Fifth Circuit. The case is A.A.R.P. v. Donald J. Trump, President of the United States.

What the Court did

The application for an injunction pending further proceedings is granted. Additionally, applicants suggested this Court treat the application as a petition for a writ of certiorari; doing so, the petition is granted (case No. 24-1177). The judgment of the Fifth Circuit is vacated, and the case is remanded to the Fifth Circuit. In resolving the detainees’ appeal, the Fifth Circuit should address (1) all the normal preliminary injunction factors, including likelihood of success on the merits, as to the named plaintiffs’ underlying habeas claims that the AEA does not authorize their removal pursuant to the President’s March 14, 2025, Proclamation, and (2) the issue of what notice is due, as to the putative class’s due process claims against summary removal. The Government is enjoined from removing the named plaintiffs or putative class members in this action under the AEA pending order by the Fifth Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event the petition for a writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of this Court. Justice Kavanaugh, concurring (detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/24a1007_g2bh.pdf'>opinion</a>). Justice Alito, with whom Justice Thomas joins, dissenting (detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/24a1007_g2bh.pdf'>opinion</a>). (Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/24a1007_g2bh.pdf'>Opinion</a>)

Concurring · 1agreed with the result, wrote separately
  1. Kavanaughwrote a concurrence
Dissenting · 2recorded against the Court's order
  1. Thomasjoined Alito's writing
  2. Alitowrote a dissent
Vote not published · 6the order does not say how they voted
  1. Roberts
  2. Sotomayor
  3. Kagan
  4. Gorsuch
  5. Barrett
  6. Jackson
The order records the positions of 3 of 9 justices. The Court usually does not say how each justice voted on an emergency application, so the rest are shown as not published.
Days from filing to a ruling for 54 rulings on applications decided without a response since January 1, 2025. The band is the middle half, the tick the median, and the mark this application: ruled 28 days after filing.

What it means

This is a temporary order about what happens while the case is decided, not a ruling on who is right. The case continues in the United States Court of Appeals for the Fifth Circuit.

Separate writings

  • Justice Alito, joined by Justice Thomas, dissenting

  • Justice Kavanaugh concurring

Sources

Facts on this page come from the Supreme Court docket, orders, and opinions for No. 24A1007. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked September 24, 2026