so DACA is Dead March 5 ?
“so DACA is Dead March 5 ?”
“That would probably be why they refused to hear it. Its pretty much moot.”
The lower (District) level court ruled that Trump could NOT end DACA that quickly. The reasoning it had (with which I do NOT agree) was that even if the policy was unconstitutional, the fact that it had been implemented (under Obama) means that to get rid of it you have to go through certain procedures involving notice, etc.
The Trump Administration asked the Supreme Court to jump in ahead of the middle (Circuit - 9th Circus, in this case) level court, and to make a decision NOW. The 4 US Supreme Court Justices decided not to jump in ahead...thus meaning that the 9th Circus gets to decide, in its own time, whether the District Court was correct. If the 9th Circus decides against Trump, then it will be appealed to the Supremes...and I am VERY certain that they will take it. IOW, this decision is a procedural one - they did NOT rule on the merits of the case.
However, since the USSC will not take on the case right now, and it’ll take a while for the 9th Circus to get around to taking it and making a ruling (probably a year or so), the policy (DACA) will stay in place.
What I’d like to see is Trump ordering deportations ANYWAY - then let there be another case...which will take time to be decided, during which time there will be thousands of deportations. What’s the California District Court going to do, send an army to stop Trump? There’s no penalty, and no law-breaking, in the act of defying an order that backs an unconstitutional policy.
Help me out here... if Obama’s executive order ends March 5th, then what type of ruling by some judge extends the initial order. My understanding is that Trump wanted to do away with the previous executive order, and that is what the judge ruled against. Where was it stated that the judge overruled Obama and created a new order that runs indefinitely. I can see the Supreme Court not wanting to get involved in something that was going to expire shortly anyhow.