This should be a no brainer , legally speaking.
A president issues an executive order, and then the next president reverses that executive order.
How can the courts intervene, when it comes to executive orders??? How does it violates any laws, if a president rescinds a previous executive order?
Regents of the University of California v. U.S. Department of Homeland Security : "To be clear: we do not hold that DACA could not be rescinded as an exercise of Executive Branch discretion. We hold only that here, where the Executive did not make a discretionary choice to end DACA—but rather acted based on an erroneous view of what the law required—the rescission was arbitrary and capricious under settled law. The government is, as always, free to reexamine its policy choices"
Napolitano v DHS: "All agree that a new administration is entitled to replace old policies with new policies [...] the new administration didn’t terminate DACA on policy grounds. It terminated DACA over a point of law, a pithy conclusion that the agency had exceeded its statutory and constitutional authority."
Batalla Vidal v. Nielsen: "Defendants indisputably can end the DACA program. [...] The question before the court is thus not whether Defendants could end the DACA program, but whether they offered legally adequate reasons for doing so. Based on its review of the record before it, the court concludes that Defendants have not done so. First, the decision to end the DACA program appears to rest exclusively on a legal conclusion that the program was unconstitutional and violated the APA and INA."
NAACP v. Trump: "while immigration policies are generally “so exclusively entrusted to the political branches of government as to be largely immune from judicial inquiry or interference,” there are good reasons to scrutinize a policy more carefully when it is based solely on an agency’s reading of domestic statutory law."
IIRC, it wasn’t an executive order. It was a memo to Jeh Johnson, DHS Secretary.
This should be a no brainer , legally speaking.
Just hope the Supremes actually follow the law.
Don’t know how many times it has to be said on here. It wasn’t an Executive Order!!! It was a memo to DHS about enforcement, or more accurately, non enforcement. A memo!