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On Daca, Obama Can but Trump Can’t. The Supreme Court endorses a double regulatory standard.
Wall Street Journal ^ | June 18, 2020 | WSJ Editorial Board

Posted on 06/18/2020 7:52:26 PM PDT by karpov

...

Chief Justice John Roberts joined the four liberals, as he so often has, in ruling that the Trump Administration hadn’t properly followed the Administrative Procedure Act (APA). The Court remanded the rescission back to DHS to rewrite with a formal rule-making with notice and comment period.

This may seem routine, but the problem is that the Obama Administration never followed the APA when it issued Daca in 2012. Daca was never tested in court, but the Fifth Circuit Court of Appeals in 2015 issued an injunction against a companion order to Daca. The Supreme Court upheld that injunction, and the Trump Administration had every reason to believe Daca was thus illegal too.

“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,” Justice Clarence Thomas writes in a dissent joined by Samuel Alito and Neil Gorsuch. “On the contrary, this is anything but a standard administrative law case.”

As Justice Thomas explains, a President should not have to follow normal administrative procedures to reverse a policy that was unlawful in the first place.

The Chief strains to rationalize his double regulatory standard by quibbling that a memo by former DHS Secretary Kirstjen Nielsen in June 2018 that expands on its original legal justification for ending Daca is a “post hoc” rationalization. But as Justice Brett Kavanaugh explains in his dissent, the Chief’s logic stretches the Court’s own precedents to rule the Nielsen memo out of legal bounds.

(Excerpt) Read more at wsj.com ...


TOPICS: Editorial; Government
KEYWORDS: aliens; clarencethomas; daca; johnroberts; kirstjennielsen; neilgorsuch; samuelalito; scotus; supreme
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To: karpov

Roberts was cowering to the left because he knows if he doesn’t, Antifa will come after his sorry ass.


61 posted on 06/19/2020 4:41:31 AM PDT by unixfox (Abolish Slavery, Repeal the 16th Amendment)
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To: lgjhn23

Right like I said in another post in this thread. Where is one person on our side willing to expose Roberts? Crickets.


62 posted on 06/19/2020 4:44:06 AM PDT by Engedi
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To: LeonardFMason
Trump needs to flood zone with “DACA like” Executive Orders restricting immigration on numerous fronts. OVERWHELM the system and shove it up Roberts ass.

This.

This right here.

63 posted on 06/19/2020 5:24:09 AM PDT by Lazamataz (China is the single source of evil in the entire world.)
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To: karpov
SCOTUS is a haughty, corrupt disgrace who thinks they're move clever than they are.
64 posted on 06/19/2020 5:27:15 AM PDT by Vision (Obama corrupted, sought to weaken and fundamentally change America; he didn't plan on being stopped.)
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To: HighSierra5

Trump may be President, but he is not in power.


65 posted on 06/19/2020 5:30:56 AM PDT by Crazieman (Civil war is near certain now.)
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To: lgjhn23

It is actually worse than that. He engaged in child trafficing to get his Irish kids via South America and is totally owned by the Left.


66 posted on 06/19/2020 5:53:27 AM PDT by Truth29
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To: karpov

Once again - the Left does NOT have a double standard.

If it’s good for the Revolution and bad for America, it’s good.

If it’s good for America and bad for the Revolution, it’s bad.

That’s a single standard, my friends, it never wavers, and they are extremely consistent about it.


67 posted on 06/19/2020 4:29:31 PM PDT by Jim Noble (Think like youÂ’re right, listen like youÂ’re wrong)
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To: karpov; DoughtyOne; Chgogal; Dick Bachert; Tallguy; Engedi; Just mythoughts; flaglady47; ...
Few people know that Justice Roberts had an unprovoked idiopathic brain seizure in 2007 causing him to fall almost ten feet from a building onto a dock in his summer home in Maine.

He had suffered a previous unprovoked seizure in 1993. At this time he temporarily had to give up some activities, such as driving.

At present, the likelihood of him having another seizure is more than 60%.

A prominent neurosurgeon at Washington DC Hospital Center stated that these unprovoked seizures signify epilepsy.

Leni

68 posted on 06/20/2020 2:08:24 PM PDT by MinuteGal (MAGA !!! MAGA !!! MAGA !!!)
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To: MinuteGal
Thanks for the Heads Up MinuteGal. I was not aware of
this.

IMO >>> VVV

I do not have a degree in psychology, so I'm just explaining
what my take on this is.

People who suffer trauma can come away from it with
altered views. Some may see life differently, back away
from sticking to the letter of the law, and base their
decisions more on feelings.

Observing what Roberts' opinions have been, this seems a
real possibility to me.

His reasoning is not what it used to be. This isn't
intended to be an insulting thing to say. I just think
it is a real possibility based on what we have observed.

If he can't stick to the letter of the law, he should step
down.

It's his job to stick to the precise letter of the law,
and he clearly can't do that any longer.

69 posted on 06/20/2020 2:20:51 PM PDT by DoughtyOne (Some of the folks around these parts have been sniffing super flu.)
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