Nothing complicated about it.
It was an illegal EO when it was issued at minimum.
Even if anyone agreed it was legal that still doesn’t mean it couldn’t be rescinded.
Could Obama rescind it? Of course he could. If he had said he would do that no one in the Rat party would have dared to stop him.
The only difference is that the name of the President changed.
Trump has every right to rescind it.
Agreed. The Supreme court is completely political when something like this leaves people unsure of how they’ll rule. Pathetic
This is what I can't figure out. Didn't the Court already rule DACA was unconstitutional as an EO?
And, if so, how can it be argued that it is unConstitutional to end an unConstitutional program?
It seems to me that there is only one remedy for those who want DACA to continue... and that is for Congress to act and for the President to sign.
Just because that path is unlikely... that doesn't mean that any other alternative will do.
Exactly.
“And there’s no guarantee they wouldn’t. The problem is partly legal, partly political. Courts have long held that Congress cannot “bind” future Congresses—that is, it can’t force a future session of Congress to carry on its own policies. That practice, formally known as “legislative entrenchment,” is seen as privileging one group of lawmakers over another, “binding” future to the priorities set in the present. In the 1996 case U.S. v. Winstar Corp., Justice David Souter quoted the British jurist William Blackstone, who said that “the legislature, being in truth the sovereign power, is always of equal, always of absolute authority: it acknowledges no superior upon earth, which the prior legislature must have been, if it’s [sic] ordinances could bind the present parliament.” The principle is more complicated in the United States, where the government is bound by the Constitution and any private contracts into which it enters. But as a general rule, any Congress can reverse the decisions of any past Congress. For example, Bob Dole repealed future tax cuts in the 1980s.”
If it applies to Congress, it sure as hell applies to EO’s.
While you are 100% correct, we still have to worry about the pix of john roberts and the baby...animals.