Posted on 11/08/2018 5:32:44 PM PST by rktman
A federal appeals court upheld a nationwide injunction against President Donald Trump’s termination of the Deferred Action for Childhood Arrivals (DACA) program Thursday.
A three-judge panel of the U.S. Court of Appeals for the 9th Circuit concluded DACA’s recension “is arbitrary, capricious, or otherwise not in accordance with law.”
Supreme Court action could soon follow. The Trump administration asked the high court to intervene in the DACA cases Monday. The move was highly unusual, as three federal appeals courts, including the 9th Circuit, are separately reviewing orders requiring the government to continue administering DACA. The justices seldom review a case before the circuit courts issue judgment.
The University of California (UC) brought Thursday’s case after the U.S. Department of Homeland Security (DHS) issued a memo rescinding DACA on Sept. 5, 2017. Former Attorney General Jeff Sessions sent a memo to DHS advising that DACA was not lawful one day prior on Sept. 4.
(Excerpt) Read more at dailycaller.com ...
This is virtually meaningless. It is merely a three-judge panel of he single most overruled circuit in the entire country. To have even a hope of having some meaning, it must be put before the entire ninth circuit, and then it will almost certainly move to the Supreme Court since it involves federal powers that extend over the entire nation.
Oh, and by the time the Supreme Court hears this, there may be another new Justice on the Court.
It seems to me that they did not rule on the substance of what Trump did, but rather upon the procedures utilize. Of course, they were looking for something to hang their hats on because they opposed Trump but this is much more about procedure than anything else. The courts at all levels decide and enormous amount of cases based on whether procedure was properly followed or not. If one i isn’t dotted, then the procedure wasn’t followed and the action in question is overruled.
All that needs to happen here, based on the little snippet of the article above, is that the Trump Administration has to make a discretionary decision to end DACA. That shouldn’t be too hard.
the 9th Circuit concluded DACA’s recension “is arbitrary, capricious, or otherwise not in accordance with law.”
What law?
You’ve discovered one reason why the 9th Circuit is the most reversed court in the country.
and they will be oveturned by noon on monday.
best guess...
sorry ...no new E.O> was issued.
Pres. Trump modified DACA under the existing E.O.
A judge stopped the modifications(s).
DOJ sued based on law.
The 3 judge panel says, based on the law, the existing E.O. can’t be modified.
They also say, go ahead and end it executively.
Pres. Trump should just issue an E.O. ending it, period.
i thought it was like 6 to 3 now and ruth in hospital would make it 6 to 2
was that all blowhard?
do these “constitutional” Judges not always follow the constitution?
Hmmm. Guess it all depends on Putin’s agenda. ;-)
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