Skip to comments.DACA’S DAY IN COURT
Posted on 11/12/2019 4:01:19 PM PST by Hojczyk
The Supreme Court heard oral argument today in the case challenging President Trumps decision to shut down the DACA program, established by President Obama, that allows undocumented young adults who came to the United States as children to apply for protection from deportation. Obama had said that, because he is not a king, he lacked the power to institute this kind of program. Frustrated, though, by Congresss inactivity, Obama eventually played the part of king and established DACA.
The Trump administration reversed Obamas program after Attorney General Sessions concluded, correctly, that it was effectuated . . . without proper statutory authority. The legality of the administrations decision seems obvious. There should be no legal problem when an administration shuts down a program adopted its predecessor that unconstitutionally expands presidential power.
The real question, though, is not whether President Trump acted lawfully. The real question is whether the four left-liberal Justices will be joined by a fifth Justice in asserting that Trump violated the law.
Moreover, Roberts was among the several Justices who suggested there was little point in sending the decision to end DACA back to the administration to clean up alleged technical deficiencies, given the Trump administrations commitment to ending the program.
The usual caveat applies one cant always tell from the questions and comments of a judge how he or she will vote. The caveat applies in spades to Chief Justice Roberts.
However, I think its fair to say, as NBC News does, that the Supreme Court seems inclined to allow Trump to end the DACA program.
(Excerpt) Read more at powerlineblog.com ...
Zero didn’t write DACA as an “executive order”.
“DACA was formally initiated by a policy memorandum sent from Secretary of Homeland Security Janet Napolitano to the heads of U.S. Customs”
It’s a MEMO by a not-President.
“Surprisingly”, the Media and the Uniparty and the courts are lying about it.
“DACA”====> “Deport All Criminal Aliens”.
Imagine the precedent retaining DACA would set. That would mean that some years hence, a Democrat President would not be able to unilaterally undo PDJT’s E.O.s, or even memos from his administration’s department heads. The Democrats, if they were thinking logically, should want DACA gone NOW.
Doesn't matter. Even if it was proper, the bar to repeal is the same as the bar to enact. If an EO can enact it, an EO can end it. Besides, it was called "Deferred" in the first place, not the "Never Action for Childhood Arrival" program.
Zero didnt write DACA as an executive order.
QUOTE: DACA was formally initiated by a policy memorandum sent from Secretary of Homeland Security Janet Napolitano to the heads of U.S. Customs
Its a MEMO by a not-President.
Surprisingly, the Media and the Uniparty and the courts are lying about it.
Trump “ended” DACA telling congress, if you want DACA, make it legal. Put it on my desk and I’ll sign it.
They never did it, not when Repubs controlled congress, and not when Democrats controlled congress.
DACA is NOT an executive order written by Æthelblack the Unready.
Yes..... EO’s would be irrevocable
EO’s supercede the constitution. Presidents become Kings by irrevocable EO
EO’s become government by divine guidance
Invaders wanting free stuff and getting our courts to give it to them.
I’m watching Ken Cuccinelli on Lou Dobbs tonight say this was an exec order. What gives?
Of course Democrats will undo Pres. Trump’s EOs. Precedent does not apply to Democrats. Democrats are a law unto themselves, unaccountable and unindictable. Laws, precedents, and traditions only apply to Republicans.
They are still illegal aliens, deport them and their parents.
Obama violated the law and the Constitution.
The entire Kenyanesian Usurpation was a violation of the Constitution.
Obama is not a natural born citizen.
His foreign national father made him a British subject and Kenyan national at birth, WHEREVER he was born.
Keep the law abilding dreamer and send all of their family home!
Also Lou Dobbs [April 2019 tweet]: Cuccinelli leads Never Trumpers at Convention
Cucinelli was a leader of NeverTrump at the 2016 nominating convention.
If he knows that DACA is an executive branch memorandum, then he's outed himself as Uniparty.
If he DOESN'T know, well - I'll leave you to figure out what he is...
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.