The case is likely to be the first to reach the Supreme Court on the substantive issue of the president’s invocation of a rarely used wartime law.

An appellate panel grilled lawyers about why courts should be able to “second-guess” the president’s deportations in defending the country amid armed conflicts.

At issue is Trump’s invocation of the 18th-century law in March to remove noncitizens labeled as members of the Venezuelan gang Tren de Aragua. In his order, Trump proclaimed Tren de Aragua members were “perpetrating,