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Supreme Court blocks Donald Trump’s bid to end DACA program

June 18, 2020

  It looks like Donald Trump’s immigration policies are 0-2 in the Supreme Court this week. Earlier in the week the Supreme Court refused to take up the administration’s appeal of a lower court ruling on California’s sanctuary law, and yesterday the highest court in the land blocked the President from rescinding DACA.

The Supreme Court ruled Thursday that the Trump administration cannot carry out its plan to shut down the Deferred Action for Childhood Arrivals program, which has allowed nearly 800,000 young people, known as Dreamers, to avoid deportation and remain in the U.S.

Chief Justice John Roberts was the swing vote in the 5-4 decision, which deals a big legal defeat to President Donald Trump on the issue of immigration, a major focus of his domestic agenda.

  Once again John Roberts sided with the four liberal justices on the Supreme Court. (When can we just start saying the five liberal justices on the Supreme Court were in agreement?)

  Oddly enough the court did not rule that Donald Trump could not end the DACA program, the court just did not like his reason for wanting to do so.

Roberts wrote in the decision that the government failed to give an adequate justification for ending the federal program. The administration could again try to shut it down by offering a more detailed explanation for its action

We conclude that the acting secretary did violate” the Administrative Procedure Act, and that the decision to rescind DACA “must be vacated,” Roberts wrote. In his decision, Roberts called the Trump administration’s “total rescission” of DACA “arbitrary and capricious.”

The heart of Robert’s majority opinion held that Trump had broken the laws governing federal agencies when he ended DACA in 2017 because the memorandum that recommended its termination did not address crucial parts of the policy.

Critically, however, Roberts pointed out in his decision that it wasn’t necessarily unconstitutional for the Trump administration to terminate DACA, but the way it did so was.

  So it is back to the drawing board. Basically it looks like the Supreme Court punted this issue and now we will have to wait to see if Donald Trump decides to try again this close to when the election is scheduled to take place.

malo periculosam libertatem quam quietum servitium

11 Comments leave one →
  1. peter3nj permalink
    June 19, 2020 7:12 am

    The terms “arbitrary and capricious” were never used as Zero set about to fundamentally change the country. Melanin: the gift that keeps on giving.

    The heart of Robert’s

    Liked by 2 people

  2. June 19, 2020 5:09 pm

    DS workers, just like the Bushs, Clintons, etc
    FreeMasons don’t compromise
    http://www.viewzone.com/freemason1.html

    Liked by 1 person

  3. MaddMedic permalink
    June 19, 2020 6:00 pm

    How much was Roberts paid? Asking for a friend…

    Liked by 2 people

  4. June 19, 2020 9:34 pm

    Of course the original document was a one pager by Sessions…. but in the end Roberts is the full Manchurian Justice…. any one want to bet he will join the libs and support the release of Trump’s tax returns…another 5-4?

    Liked by 2 people

    • June 20, 2020 5:25 am

      I think he was gone from just being an unreliable conservative vote to being a full blown liberal vote since he has been there. I don’t expect him to be on the proper side of many issues moving forward.

      Liked by 2 people

      • lou222 permalink
        June 27, 2020 2:24 pm

        We knew back when he voted for Obamacare that the vote balance had shifted. Like Maxine Waters said, Obama has files on everybody, so they probably sent a little snippet to CJ Roberts to remind him who his Daddy was.

        Like

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