Agree, but that was a very different and twisted argument. This is pretty clear cut constitutionally. No congressionally passed law. DACA already ruled unconstitutional by lower court. I see this more as an exercise in frustrating the POTUS but not one that can win in the end.
I hope so, but Roberts making it a point to publicly respond to President Trump concerning the political orientation of judges makes me immensely distrust him especially when it’s a case directly related to the President. I guess we’ll find out next June.
The government isn't asking SCOTUS to rule on constitutionality - ostensibly because they want to wind DACA down gradually rather than have it end abruptly based on a SCOTUS ruling.
Their argument is the decision to rescind DACA is one the agency can make and it isn't reviewable by the courts.
The DACA supporters say it is reviewable because the agency violated the Administrative Procedure Act by being arbitrary and capricious in their decision making.
This is the same basic argument that killed the census question too, BTW.