A pair of judges on the U.S. Court of Appeals for the Fifth Circuit sparred with choice words in an unusual Tuesday order in a case about the Trump administration's use of the Alien Enemies Act (AEA).

Taking dueling positions were, on one side, U.S. Circuit Judge James C. Ho , appointed by President Donald Trump during his first term, and on the other side, U.S. Circuit Judge Leslie H. Southwick , a George W. Bush appointee.

The ruling itself is terse and unsigned – and vacates an earlier three-judge panel ruling which found Trump's AEA proclamation to be invalid. Now, the full appellate court will rehear the case.

"A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified havi

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