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Thread: Supreme Court rules against Trump administration bid to end DACA program

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    Supreme Court rules against Trump administration bid to end DACA program

    Supreme Court rules against Trump administration bid to end DACA program

    This thread will be a legal analysis of the SCOTUS decision and a SCRIBs link to the decision is at the link above. If I get a pdf version I will post that.

    Someone else will likely start a thread where people can talk about how they feel about the decision.

    In a 5-4 decision, with Chief Justice John Roberts joining the liberal members to author the opinion, the court said the move to eliminate the program that grants privileges to children who entered the U.S. illegally as minors was "arbitrary and capricious," although they did not rule on the merits of the program itself.

    "We do not decide whether DACA or its rescission are sound policies. 'The wisdom' of those decisions 'is none of our concern,'" Roberts wrote in his opinion. "We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action."


    Roberts wrote that the administration "failed to consider the conspicuous issues of whether to retain forbearance," as well as the impact the decision would have on DACA recipients who have relied on the program.


    "That dual failure raises doubts about whether the agency appreciated the scope of its discretion or exercised that discretion in a reasonable manner," Roberts wrote. "The appropriate recourse is therefore to remand to DHS so that it may consider the problem anew."


    Justice Clarence Thomas wrote the dissent, saying: "These cases could—and should—have ended with a determination that his legal conclusion was correct. Instead, the majority today concludes that DHS was required to do far more."


    He continued: "Without grounding its position in either the APA or precedent, the majority declares that DHS was required to overlook DACA’s obvious legal deficiencies and provide additional policy reasons and justifications before restoring the rule of law. This holding is incorrect, and it will hamstring all future agency attempts to undo actions that exceed statutory authority. I would therefore reverse the judgments below and remand with instructions to dissolve the nationwide injunctions.”


    At issue was a program created under executive order that gave about 700,000 people brought to the United States illegally as children the opportunity to receive a renewable two-year period of deferred action from deportation and become eligible for a work permit.
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    This sets the stage for a dictatorship.
    Call your state legislators and insist they approve the Article V convention of States to propose amendments.


    I pledge allegiance to the Constitution as written and understood by this nation's founders, and to the Republic it created, an indivisible union of sovereign States, with liberty and justice for all.

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    The primary legal issue for the majority was that proper rule-making procedures were not followed to make changes to the DACA program.

    The primary legal issue for the dissent is that the above puts the cart in front of the horse. The first question is whether the president (Obama) could enact DACA via executive order with no statutory basis. The answer to that is clearly no. That is the President doing the legislatures job.

    A second SCOTUS decision that confuses separation of powers within 6 days.
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    Quote Originally Posted by MisterVeritis View Post
    This sets the stage for a dictatorship.
    This is why our Founders gave us separation of powers.
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    The first few pages of the dissent covers it well although the formatting is bad. See pg. 41 of the .pdf linked to above.

    Between 2001 and 2011, Congress considered over twodozen bills that would have granted lawful status to millions of aliens who were illegally brought to this country aschildren. Each of those legislative efforts failed. In thewake of this impasse, the Department of Homeland Security (DHS) under President Barack Obama took mattersinto its own hands. Without any purported delegation ofauthority from Congress and without undertaking a rulemaking, DHS unilaterally created a program known asDeferred Action for Childhood Arrivals (DACA). The threepage DACA memorandum made it possible for approximately 1.7 million illegal aliens to qualify for temporarylawful presence and certain federal and state benefits.When President Donald Trump took office in 2017, his Acting Secretary of Homeland Security, acting through yet another memorandum, rescinded the DACA memorandum.To state it plainly, the Trump administration rescindedDACA the same way that the Obama administration created it: unilaterally, and through a mere memorandum.Today the majority makes the mystifying determinationthat this rescission of DACA was unlawful. In reachingthat conclusion, the majority acts as though it is engagingin the routine application of standard principles of administrative law. On the contrary, this is anything but a standard administrative law case.DHS created DACA during the Obama administrationwithout any statutory authorization and without goingthrough the requisite rulemaking process. As a result, theprogram was unlawful from its inception. The majoritydoes not even attempt to explain why a court has the authority to scrutinize an agency’s policy reasons for rescinding an unlawful program under the arbitrary and capricious microscope. The decision to countermand an unlawfulagency action is clearly reasonable. So long as the agency’sdetermination of illegality is sound, our review should be atan end.
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    Quote Originally Posted by MisterVeritis View Post
    This sets the stage for a dictatorship.
    Quite the opposite. Roberts didn't say that the Trump administration cannot repeal DACA. He simply said that they need to comply with the APA and failed to do so.

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    Quote Originally Posted by Peter1469 View Post
    This is why our Founders gave us separation of powers.
    Separation of powers is gone.

    A Democrat President can make a law using an executive order that a Republican President can not undo with an Executive Order.
    We no longer have a Republic.
    Call your state legislators and insist they approve the Article V convention of States to propose amendments.


    I pledge allegiance to the Constitution as written and understood by this nation's founders, and to the Republic it created, an indivisible union of sovereign States, with liberty and justice for all.

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    Quote Originally Posted by RichardMZhlubb View Post
    Quite the opposite. Roberts didn't say that the Trump administration cannot repeal DACA. He simply said that they need to comply with the APA and failed to do so.
    It does, in effect make it Constitutional for A Democrat President to use an EO to make a law while, at the same time making in illegal for a Republican President to undo it with an EO.

    The law is lawless.
    Call your state legislators and insist they approve the Article V convention of States to propose amendments.


    I pledge allegiance to the Constitution as written and understood by this nation's founders, and to the Republic it created, an indivisible union of sovereign States, with liberty and justice for all.

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    Quote Originally Posted by RichardMZhlubb View Post
    Quite the opposite. Roberts didn't say that the Trump administration cannot repeal DACA. He simply said that they need to comply with the APA and failed to do so.
    By claiming that DACA, a law created through an EO must be repealed the Supremes have accepted the Constitutionality of Democrat Presidents ruling with a pen and phone, without legislators.
    Call your state legislators and insist they approve the Article V convention of States to propose amendments.


    I pledge allegiance to the Constitution as written and understood by this nation's founders, and to the Republic it created, an indivisible union of sovereign States, with liberty and justice for all.

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