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DACA’S DAY IN COURT
Powerline ^ | NOVEMBER 12, 2019 | PAUL MIRENGOFF

Posted on 11/12/2019 4:01:19 PM PST by Hojczyk

The Supreme Court heard oral argument today in the case challenging President Trump’s 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 Congress’s inactivity, Obama eventually played the part of king and established DACA.

The Trump administration reversed Obama’s program after Attorney General Sessions concluded, correctly, that it was “effectuated . . . without proper statutory authority.” The legality of the administration’s 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 administration’s commitment to ending the program.

The usual caveat applies — one can’t 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 it’s 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 ...


TOPICS: Crime/Corruption; Government
KEYWORDS: bloggers; daca; dacaisamemo; judiciary; politicaljudiciary; supremecourt; trumpillegals
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1 posted on 11/12/2019 4:01:19 PM PST by Hojczyk
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To: Hojczyk

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.


2 posted on 11/12/2019 4:02:39 PM PST by kiryandil (The Media & the DNC tells you who you're gonna vote for. We CHOSE Trump.)
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To: Hojczyk

“DACA”====> “Deport All Criminal Aliens”.


3 posted on 11/12/2019 4:05:48 PM PST by Gay State Conservative (A joke: Brennan,Comey and Lynch walk into a Barr...)
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To: Hojczyk

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.


4 posted on 11/12/2019 4:06:40 PM PST by USFRIENDINVICTORIA
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To: Hojczyk
The Trump administration reversed Obama’s program after Attorney General Sessions concluded, correctly, that it was “effectuated . . . without proper statutory authority.” The legality of the administration’s decision seems obvious. There should be no legal problem when an administration shuts down a program adopted its predecessor that unconstitutionally expands presidential power.

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.

5 posted on 11/12/2019 4:09:04 PM PST by Still Thinking (Freedom is NOT a loophole!)
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To: USFRIENDINVICTORIA

Zero didn’t 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”

It’s a MEMO by a not-President.

“Surprisingly”, the Media and the Uniparty and the courts are lying about it.


6 posted on 11/12/2019 4:09:26 PM PST by kiryandil (The Media & the DNC tells you who you're gonna vote for. We CHOSE Trump.)
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To: Hojczyk

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.


7 posted on 11/12/2019 4:09:57 PM PST by marron
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Comment #8 Removed by Moderator

To: Still Thinking
See my post #2.

DACA is NOT an executive order written by Æthelblack the Unready.

9 posted on 11/12/2019 4:10:32 PM PST by kiryandil (The Media & the DNC tells you who you're gonna vote for. We CHOSE Trump.)
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To: USFRIENDINVICTORIA

Yes..... EO’s would be irrevocable

EO’s supercede the constitution. Presidents become Kings by irrevocable EO

EO’s become government by divine guidance


10 posted on 11/12/2019 4:13:16 PM PST by bert ( (KE. NP. N.C. +12) Progressives are existential American enemies)
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To: Hojczyk

Invaders wanting free stuff and getting our courts to give it to them.


11 posted on 11/12/2019 4:17:39 PM PST by SkyDancer ( ~ Just Consider Me A Random Fact Generator ~ Eat Sleep Fly Repeat ~)
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To: kiryandil

I’m watching Ken Cuccinelli on Lou Dobbs tonight say this was an exec order. What gives?


12 posted on 11/12/2019 4:30:22 PM PST by lizma2
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To: USFRIENDINVICTORIA

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.


13 posted on 11/12/2019 4:34:35 PM PST by erkelly
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To: Hojczyk

They are still illegal aliens, deport them and their parents.


14 posted on 11/12/2019 4:42:10 PM PST by Lurkinanloomin (Natural Born Citizens Are Born Here of Citizen Parents_Know Islam, No Peace-No Islam, Know Peace)
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To: Hojczyk

Obama violated the law and the Constitution.


15 posted on 11/12/2019 4:49:46 PM PST by kaehurowing
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To: kaehurowing

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.


16 posted on 11/12/2019 5:10:56 PM PST by Lurkinanloomin (Natural Born Citizens Are Born Here of Citizen Parents_Know Islam, No Peace-No Islam, Know Peace)
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To: Hojczyk

Bump


17 posted on 11/12/2019 5:15:59 PM PST by foreverfree
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To: lizma2; Brown Deer
freeper Brown Deer has the skinny:

DACA was NOT an Executive Order from 0bama. It was a memo from Janet Napolitano!


18 posted on 11/12/2019 5:28:54 PM PST by kiryandil (The Media & the DNC tells you who you're gonna vote for. We CHOSE Trump.)
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To: Hojczyk

Keep the law abilding dreamer and send all of their family home!


19 posted on 11/12/2019 5:38:00 PM PST by Bommer (2020 - Vote all incumbent congressmen and senators out! VOTE THE BUMS OUT!!!)
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To: lizma2
I’m watching Ken Cuccinelli on Lou Dobbs tonight say this was an exec order.
What gives?

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...  winking face

20 posted on 11/12/2019 5:47:34 PM PST by kiryandil (The Media & the DNC tells you who you're gonna vote for. We CHOSE Trump.)
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