The Supreme Court Ruled The Trump Administration Violated Federal Law When It Ended DACA

[laylalex 7,284]

The Supreme Court on Thursday found that the Trump administration violated federal law when it rescinded the DACA program.

"For the reasons that follow, we conclude that the Acting Secretary did violate the APA, and that the rescission must be vacated," said Chief Justice John Roberts, who delivered the opinion of the Court.

...

Roberts wrote that the record showed the Department of Homeland Security failed to consider certain "conspicuous" issues when it decided to rescind DACA, including what to do about the young people who had already relied on the program.

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

https://www.buzzfeednews.com/article/adolfoflores/supreme-court-daca-trump-ruling

[Voice of Reason 10,298]

So Obama can do an end-run around Congress to create DACA, but Trump cannot rescind it?  Makes sense.  WP

[laylalex 7,284]

The reason why is in the article.

 

Trump could do it but his administration didn't do it correctly. The court gave the DHS the chance to try again. 

[Dashinka 24,489]

The funny thing is President Trump actually has no issues with DACA recipients, but he does believe (IMO) that Congress should do their job.  The fact that SCOTUS punted as to the validity of DACA is really telling, aren’t there a couple of Circuit decisions out there ruling on the actual merits of Obama’s EO.

[yuna628 9,671]

51 minutes ago, Voice of Reason said:

So Obama can do an end-run around Congress to create DACA, but Trump cannot rescind it?  Makes sense.  WP

Not what the ruling says. Essentially the court is saying "Hey man you can try to do whatever it is you were trying to do but you need to actually do it utilizing the appropriate steps under the law. Go back and try it the right way. Hire better people that know how to do these steps properly and stop bothering us."

 

PS: there are typically a lot of incorrect hot takes in the media and hyperbole after SCOTUS rulings that people take for granted because they can't be bothered to actually read lengthy pages of totally interesting legal ruling.

Edited June 18, 2020 by yuna628

[laylalex 7,284]

I think it's really telling that the court expects the administration to follow rules. The court says okay, there's a way to fix this but if you want to you have to follow the rules. Whether or not Obama was correct and followed the rules in setting up DACA people came to rely on it. It can't be undone without following a procedure. It probably would have taken less time to follow the procedure and rescind the program than to fight it out in court. Why the waste of time and money if it was so important? Unless they thought they would not do well by following the procedure. 

[Burnt Reynolds 5,058]

18 minutes ago, yuna628 said:

Not what the ruling says. Essentially the court is saying "Hey man you can try to do whatever it is you were trying to do but you need to actually do it utilizing the appropriate steps under the law. Go back and try it the right way. Hire better people that know how to do these steps properly and stop bothering us."

 

PS: there are typically a lot of incorrect hot takes in the media and hyperbole after SCOTUS rulings that people take for granted because they can't be bothered to actually read lengthy pages of totally interesting legal ruling.

Steps Obama didn't bother with. In order to create DACA, Obama bypassed these rules.

 

This is making the courts into a second legislative wing of government that imposes its legislative agenda. 

 

Thomas was spot on:

Quote

 

Today the majority makes the mystifying determination that this rescission of DACA was unlawful. In reaching that conclusion, the majority acts as though it is engaging in 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 administration without any statutory authorization and without going through the requisite rulemaking process. As a result, the program was unlawful from its inception. The majority does 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 unlawful agency action is clearly reasonable. So long as the agency’s determination of illegality is sound, our review should be at an end.

 

Deport them all.

[Dashinka 24,489]

 

34 minutes ago, yuna628 said:

Not what the ruling says. Essentially the court is saying "Hey man you can try to do whatever it is you were trying to do but you need to actually do it utilizing the appropriate steps under the law. Go back and try it the right way. Hire better people that know how to do these steps properly and stop bothering us."

 

PS: there are typically a lot of incorrect hot takes in the media and hyperbole after SCOTUS rulings that people take for granted because they can't be bothered to actually read lengthy pages of totally interesting legal ruling.

So ending an EO with a new EO using the reason that the original EO was unconstitutional is not enough?  And they call Trump a dictator.

 

SCOTUS looks more and more like a joke, but what else is new I the sewer where the Chief Justice is MOR worried about his public image and the Leftist Justices don’t even care about the Consititution.

[Burnt Reynolds 5,058]

13 minutes ago, Dashinka said:

 

So ending an EO with a new EO using the reason that the original EO was unconstitutional is not enough?  And they call Trump a dictator.

 

SCOTUS looks more and more like a joke, but what else is new I the sewer where the Chief Justice is MOR worried about his public image and the Leftist Justices don’t even care about the Consititution.

It's why the left constantly threaten about court packing if they don't get their way, along with other comical stuff like making DC into a hundred states. All they have are coercive threats and no ideas anyone wants.

 

Cases like this demonstrate special exclusions to the law, allowing others to break it. Obama basically did it in people's faces saying he can't break the law, followed by saying he's breaking the law, someone try and stop me. No one did. Trump dares go to stop it, institutions do their damnedest to protect illegal acts. This is the state of things, and not just with the courts. 

Edited June 18, 2020 by Burnt Reynolds

[Dashinka 24,489]

3 minutes ago, Burnt Reynolds said:

It's why the left constantly threaten about court packing if they don't get their way, along with other comical stuff like making DC into a hundred states. All they have are coercive threats and no ideas anyone wants.

 

Cases like this demonstrate special exclusions to the law, allowing others to break it. Obama basically did it in people's faces saying he's breaking the law, someone try and stop me. No one did. Trump dares go to stop it, institutions do their damnedest to protect illegal acts. This is the state of things, and not just with the courts. 

It is all about CJ Roberts keeping his public image.  His ruling was reminiscent of his legislative action he took on the ACA.  

[yuna628 9,671]

1 hour ago, Dashinka said:

 

So ending an EO with a new EO using the reason that the original EO was unconstitutional is not enough?  And they call Trump a dictator.

 

SCOTUS looks more and more like a joke, but what else is new I the sewer where the Chief Justice is MOR worried about his public image and the Leftist Justices don’t even care about the Consititution.

There's a procedure in place to follow to do what the administration told DHS to do. It's not SCOTUS' fault that's not what they tried to do, only that the administration should stop wasting everyone's time and money and do whatever it is they want to do properly. Hire better people that know the law perhaps.

 

Earlier this week everyone was whining about Gorsuch, I guess Roberts decided to take the heat off of him. Nevertheless, it's a sound ruling imo. They are never going to rule in a way that makes everyone happy. The admin is free to continue their pursuit, just properly.

Edited June 18, 2020 by yuna628

[Dashinka 24,489]

11 minutes ago, yuna628 said:

There's a procedure in place to follow to do what the administration told DHS to do. It's not SCOTUS' fault that's not what they tried to do, only that the administration should stop wasting everyone's time and money and do whatever it is they want to do properly. Hire better people that know the law perhaps.

 

Earlier this week everyone was whining about Gorsuch, I guess Roberts decided to take the heat off of him. Nevertheless, it's a sound ruling imo. They are never going to rule in a way that makes everyone happy. The admin is free to continue their pursuit, just properly.

They did follow the procedures, just not to Robert’s liking apparently.  If the EO was rewritten today with different reasoning, it would be the same decision since Roberts loves being the hero of the Washington elite.  Regardless, where is the case actually ruling on the merits of DACA?  Didn’t the 5th Circuit already end it?  This pissant ruling from SCOTUS on an EO is just a joke, but seeing how our criminal justice system is transforming itself, I suppose we should get used to it.  

[Burnt Reynolds 5,058]

3 hours ago, yuna628 said:

Earlier this week everyone was whining about Gorsuch, I guess Roberts decided to take the heat off of him. Nevertheless, it's a sound ruling imo. They are never going to rule in a way that makes everyone happy. The admin is free to continue their pursuit, just properly.

Roberts didn't get nearly the heat Gorsuch did because people know he's roleplaying an appeaser and is a neocon-turning-neoliberal. 

 

Where Gorsuch and likely Kavanaugh are going to get the ire of actual conservatives is when they realize the Heritage Foundation is neoconservative. Most surprising-yet-unsurprising is that this sort of conservative "image disconnect" concerning Republicans is far worse in Congress. The Senate GOP for example are unequivocally a large contributory factor to the problems Trump has faced, and that they can successfully present this image of being "Trumpian" (Graham being #1 on that list) is a PR marvel. 

 

Takes us to Kavanaugh. If he was really "Trumpian", he gets ragdolled even worse in his confirmation hearings. But because he was famously a part of the Bush administration (neocons), Flake and co had to put on their own PR show that they were taking the Ford joke seriously. They'd be committing friendly fire to destroy Kavanaugh. Now he owes them. 

[Nature Boy 2.0 8,370]

Regardless of the politics. as a human I dont think it is humane to deport people that have lived here most of their life. We let them come and turned a blind eye to it for many years. Can you imagine being uprooted at 19 and sent to a place you dont remember and may not even speak the language. 

 

  President Trump has said he would sign a amnesty bill if they would give him an Ironclad border bill. We cant make the same mistake Reagan made, which was sign the amnesty bill and we promise to secure the borders.

 

 My solution. I woild go beyond DACA. I would give amnesty to all that are and have not been criminals. Then...shut the borders. Levy huge fines on companies that hire illegals Strictly enforce our immigration laws etc

[Voice of Reason 10,298]

11 hours ago, Burnt Reynolds said:

Steps Obama didn't bother with. In order to create DACA, Obama bypassed these rules.

Obama was black.  Changes everything.