Posted on 06/19/2020 5:13:38 AM PDT by karpov
It’s great for the Dreamers in the short term, but a long-term loser for the rule of law and for immigration reform: That’s the bottom line of the Supreme Court’s ruling Thursday on President Trump’s move to rescind his predecessor’s Deferred Action for Childhood Arrivals executive order.
Some 700,000 immigrants brought to America illegally by their parents, who registered under DACA, can heave a sigh of relief: They can continue working and living without fear of deportation. That was plainly Chief Justice John Roberts’ intent — but rulings are supposed to be about law, not desired results.
Roberts, joined by the court’s four liberals, makes much to-do about how Team Trump failed to jump through various procedural hoops before canceling President Barack Obama’s order — but those are hoops that Obama also didn’t jump through before issuing it.
Obama had tried and failed to get Congress to set up a program to protect such children (and other illegal immigrants as well). So he simply ignored the legislative branch and set up the Deferred Action for Childhood Arrivals program, letting immigrant kids apply for temporary status that not only shields them from deportation but grants legal rights to work, attend college and so on.
He’d previously noted time and again that he lacked the power to do that, saying that “laws on the books” already make “very clear” how to enforce the immigration system, and “for me to simply through executive order ignore those congressional mandates would not conform with my appropriate role as president.”
He went ahead with DACA anyway.
(Excerpt) Read more at nypost.com ...
In the DACA case I think it’s the court refusing to be the fall guy and take the heat. DACA was begun with an executive order and it can be ended with another executive order. Trump could do that with the stroke of a pen but the political uproar would be huge. He tried to do it through the courts instead and got slapped for his pains.
When the law is against you, argue the facts. When the facts are against you, argue the law. Now when both are against you, appeal to the SC. That seems to be the message here.
Yup, Trump did not follow administrative procedure so they lost at the SC. Go back, do it right, issue another order and in the meantime do not follow Ohaha’s order citing he did not either follow the procedure.
It seems simple to me.
If obummer had the legal power to create DACA by executive order, President Trump has the power to end it by executive order.
If one has the power to issue an executive order, both have the power.
Otherwise the first to issue an order would be able to create law never ending.
Impeachment of judges who don’t follow the Constitution would seem to be the best way to go. If a Supreme Court justice can’t do this after having taken an oath of office(I assume they do) then they should immediately through due process be out job-hunting.
Let’s be clear on one thing - Obama didn’t issue an executive order to establish DACA. IIRC, it was a memo issued by Janet Napolitano that established the program. No EO was ever issued.
The media called it an EO, but it never was.
But a presidential memorandum has the same power as an executive order, and can be canceled by another president at will. We can argue semantics but the important thing is that Trump could end DACA today if he wanted.
The USSC clearly ignores the Executive and Legislative branches ... well past time to return the “favor”.
This is so easy, even a caveman can do it...
If the pubs manage to retake the house, start impeaching judges..
The house has the power to do this, and they should make it a top priority...
Just like the ad says, “Just do it”..
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Why would the “pubs” do that? They agree with Roberts.
Didn’t DACA expire?
March 2018 and Congress did nothing so it Died
“Deferred Action” means “do it later”. It does not mean “do it never”. Action has already been deferred for too long. Deport now.
So much about the case of democrats whining about spending tax payer money.
The democrat party has so many links to crime they make the Mafia look like the good guys.
Dred Scott decision.
Been that way for a long time.
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