Amy Coney Barrett Joins Liberal Justices, Enrages MAGA Base

Supreme Court Justice Amy Coney Barrett, appointed by President Trump in 2020, has sparked fury among MAGA supporters by joining liberal justices in a dissent against Trump’s deportation policy using the Alien Enemies Act of 1798.

Quick Takes

In a 5-4 decision, the Supreme Court allowed deportations under the Alien Enemies Act to continue, but Barrett sided with liberals requiring due process protections.
Barrett’s dissent has unleashed harsh criticism from Trump supporters who view her decision as a betrayal of conservative values.
The ruling permits deportations to proceed while requiring individuals to have the opportunity to challenge their removal in court.
This isn’t Barrett’s first break with conservatives, as she has previously sided with liberals on issues including Trump’s request to freeze foreign aid.
Despite the backlash, Barrett has historically voted with conservative justices Thomas and Alito over 80% of the time in 2023.

Conservative Backlash Against Barrett’s Decision

Justice Amy Coney Barrett has found herself at the center of a conservative firestorm after joining the Supreme Court’s three liberal justices in dissenting against a majority decision allowing deportations under the Alien Enemies Act of 1798. The 5-4 ruling permits the government to continue deportations while legal challenges proceed, but requires that individuals have the opportunity to challenge their removal through due process. Barrett was the only conservative justice to join liberals Kagan, Sotomayor, and Brown Jackson in the dissent.

The decision has triggered severe criticism from right-wing commentators and Trump supporters who expected Barrett to align with the conservative majority. Many have questioned her loyalty to Trump and conservative principles, with some going as far as suggesting her appointment was a mistake. Prominent conservative figures have not minced words in their condemnation, using social media platforms to express their disapproval and disappointment in what they view as a betrayal.

Amy Coney Barrett, once a conservative darling, is now officially a swamp creature. Her mask is off, showing her true colors on the bench. She sided with the 3 liberal justices when it came to deportations under the Alien Enemies Act… Trump needs to distance himself from the… pic.twitter.com/OevlI79g8O

— The 🐰🕳️ (@TheHoleTweet) April 8, 2025

The Legal Dispute and Barrett’s Reasoning

At the heart of the controversy is Trump’s application of the rarely-used Alien Enemies Act of 1798 for deportation purposes. The law grants the president authority to apprehend, restrain, or remove non-citizens from countries with which the United States is at war. Trump’s administration sought to use this law to expedite deportations, particularly targeting individuals allegedly associated with criminal organizations. The Supreme Court’s decision strengthens the government’s position while still mandating court hearings for those facing deportation.

Barrett’s dissent, which aligned with liberal Justice Sotomayor’s opinion, emphasized the necessity for judicial review and proper due process in deportation cases. She specifically criticized the court’s conservative majority for taking the case on an emergency basis, bypassing normal federal appeal processes. This position has resonated with civil rights organizations like the American Civil Liberties Union, which viewed the court’s requirement for due process as a partial victory despite the overall ruling favoring deportations.

A Pattern of Independence

Barrett’s decision in this case isn’t an isolated incident of breaking with conservative expectations. She previously joined Chief Justice John Roberts in upholding a lower court’s decision to unfreeze nearly $2 billion in foreign aid that Trump had attempted to block, despite Congressional approval. She has also sided with liberal justices in other cases, including denying Trump’s request to delay sentencing in a hush-money case and dissenting against a conservative decision on environmental regulations.

These departures from the conservative bloc have led to harsh criticism from MAGA commentators. Some have labeled her a “DEI judge,” referencing diversity, equity, and inclusion policies in a derogatory manner. Others have questioned her judicial philosophy and constitutional principles. Despite this criticism, Barrett maintains a conservative track record overall, having voted to overturn Roe v. Wade and aligning with the court’s most conservative justices in the majority of cases during the 2023 term.

The Future Impact

The case will now return to the district court in Washington, DC, for further proceedings. While Trump celebrated the Supreme Court’s decision as “a great day for justice in America,” the inclusion of due process requirements may slow the implementation of mass deportations under the Alien Enemies Act. Meanwhile, Barrett’s position has highlighted growing tensions within the conservative legal community between those prioritizing executive power and those emphasizing constitutional checks and balances, regardless of which party holds the presidency.

The controversy surrounding Barrett’s dissent underscores the complex dynamics of the Supreme Court and the expectations placed on justices by those who supported their nominations. As Barrett continues to establish her judicial identity on the nation’s highest court, her willingness to occasionally break ranks with fellow conservative justices suggests an independence that may continue to surprise and sometimes frustrate her political supporters in the years ahead.