Posted on 06/18/2020 7:52:26 PM PDT by karpov
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Chief Justice John Roberts joined the four liberals, as he so often has, in ruling that the Trump Administration hadnt properly followed the Administrative Procedure Act (APA). The Court remanded the rescission back to DHS to rewrite with a formal rule-making with notice and comment period.
This may seem routine, but the problem is that the Obama Administration never followed the APA when it issued Daca in 2012. Daca was never tested in court, but the Fifth Circuit Court of Appeals in 2015 issued an injunction against a companion order to Daca. The Supreme Court upheld that injunction, and the Trump Administration had every reason to believe Daca was thus illegal too.
Today the majority makes the mystifying determination that this rescission of DACA was unlawful. In reaching that conclusion, the majority acts as though it is engaging in the routine application of standard principles of administrative law, Justice Clarence Thomas writes in a dissent joined by Samuel Alito and Neil Gorsuch. On the contrary, this is anything but a standard administrative law case.
As Justice Thomas explains, a President should not have to follow normal administrative procedures to reverse a policy that was unlawful in the first place.
The Chief strains to rationalize his double regulatory standard by quibbling that a memo by former DHS Secretary Kirstjen Nielsen in June 2018 that expands on its original legal justification for ending Daca is a post hoc rationalization. But as Justice Brett Kavanaugh explains in his dissent, the Chiefs logic stretches the Courts own precedents to rule the Nielsen memo out of legal bounds.
(Excerpt) Read more at wsj.com ...
Trump’s only hope with the Supreme Court of traitorous pieces of paid-for garbage is for Ginsburg to go away, whatever it takes to get rid of her, so he can replace that old commie with a conservative.
The way this court is deciding lately you’d think B.O.is in charge. Wait...
can Trump just ignore such a “ruling”?
Damn. Between this and its criticism of the Courts absurd sex decision, the WSJ Editorial Board has been surprisingly non-establishment lately.
This is what I would term a rogue court.
Several of these recent rulings have left me scratching my
head they were so idiotic.
What folks aren’t talking enough about, is the complete pass
the Second Amendment got, when it comes to reviewing laws
set to diminish it.
Congress can impeach judges who fail to uphold the Constitution that these same judges swore to uphold.
Roberts is unfit to judge. He should resign immediately.. Pure evil in a high place..
the corrupt liberal media is still to this day calling the court a 5-4 ‘conservative majority’
bullshit, that facade has been blown up....
Trump needs to flood zone with DACA like Executive Orders restricting immigration on numerous fronts. OVERWHELM the system and shove it up Roberts ass.
* Supremely Traitorous Court of the United States.
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"Cry Havoc, and let slip the Dogs of War!"
LeonardFMason appears to have won the post.
Roberts should seek swift redemption.
The brainless mouthbreathing Progtard zombies on Twitter STILL haven’t figured out what he meant by that tweet...
Black robed terrorism. Plain and simple.
I think you’re right. Whatever he had on Roberts is still effective. We have to consider him lost to the cause. When push comes to shove on anything Obama, he’ll geek.
Yes it does.
But that power currently rests in a House of Representatives ruled by Nancy Pelosi. What do you think are the chances that the House of Representatives will refer charges of impeachment against the Chief Justice that has been voting against Trump?
Cheap Justice Roberts was lost when he coughed up his ridiculous decision supporting 0bamacare. That was the beginning of the end.
Roberts & Co. are shilling for the GOPe and its donor class. Political pain needs to be inflicted on them until they cry uncle. That will get their soldiers like Roberts in line, too.
The “French Revolution” did not spare the ‘well connected’.
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