Posted on 08/20/2018 10:24:23 AM PDT by SleeperCatcher
Sanity: Though President Barack Obama implemented the Deferred Action on Childhood Arrivals (DACA) policy via executive order — which most constitutional experts said he had no authority to do because he was changing existing immigration law — POTUS Donald Trump has had a difficult time repealing that order through his own executive action.
Now, however, a federal judge has handed his administration its first real DACA victory after reversing an earlier Aug. 3 ruling.
(Excerpt) Read more at thenationalsentinel.com ...
This looks like its still just the partial repeal reported last Friday.
I think the original decision came down when the judge was under the impression Trump was a loser with little political power and was about to be booted out - So the decision’s legal merits didn’t matter.
It’s obvious now that we don’t live in that world, so the judge did the right thing. He didn’t want to suffer the consequences that would come to him if Trump has power. And it is obvious now that he does.
Win-again
DACA has no statutory foundation.
The Kenyanesian Usurper had no authority to start it.
The GOP wanted amnesty any way they could get it so they refused to sue to stop it.
All that sounds scary but the Jedge is in no danger from Trump. That is absurd.
Agree...never voted on in the House, never passed or even got to the Senate for a vote, the Ovomit did an EO, that is not a BILL...
Not direct danger, no. That’s not what I’m talking about.
Wasn't a EO. These writers suck.
What was it if it wasn’t and EO?
Simple policy from DHS. Trump and Obama both wrote memos to start and stop DACA. No EO.
He didn’t want to risk being blamed for a major smackdown from the Supreme Court, with Kavanaugh delivering the deciding vote.
At some point, the SC is going to need to rule that low-level justices do NOT have the judicial authority to give orders to the President. At the point where that happens, expect major screaming.
Wish there could be one such catch-all ruling. It has happened and will continue to happen case by case if need be.
It probably is unconstitutional to insulate the Executive from the Judiciary.
Congress can tell the Court not to rule on something under the “Exceptions Clause.” Some branches are more “equal than others.”
Yep - the judge realized he was outside the Constitution/Law with this one and is backpedaling...seems the 9th has also been a little closer to sanity in recent months....word is out...Trump is real and he ain’t going anywhere soon.
Low-level judges can rule on whether some low-level executive branch bureaucrat is following the law. But opinions on the constitutionality of a President's actions would need to be done at the full Supreme Court level. A low-level judge might give an opinion, but for his opinion to take effect nationwide, it would have to get SC approval.
Even then, if the SC opinion is out to lunch, the President and Congress need the option of telling the Supremes to go to hell.
Funny how the threat to break the 9th Circuit preceded that shift.
Ya kill a few chickens, and the monkeys fall into line.
Yep - and it was after the 9th made a few sane rulings that I once again heard some talk of a potential shake-up being in the mill.
You will recall Andrew Jackson’s response to an unfavorable ruling “The Court has made it’s ruling, now let it enforce it.”
He proceeded to ignore it and the Cherokees were screwed out of their lands in Georgia.
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