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On Daca, Obama Can but Trump Can’t. The Supreme Court endorses a double regulatory standard.
Wall Street Journal ^ | June 18, 2020 | WSJ Editorial Board

Posted on 06/18/2020 7:52:26 PM PDT by karpov

...

Chief Justice John Roberts joined the four liberals, as he so often has, in ruling that the Trump Administration hadn’t 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 Chief’s logic stretches the Court’s own precedents to rule the Nielsen memo out of legal bounds.

(Excerpt) Read more at wsj.com ...


TOPICS: Editorial; Government
KEYWORDS: aliens; clarencethomas; daca; johnroberts; kirstjennielsen; neilgorsuch; samuelalito; scotus; supreme
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1 posted on 06/18/2020 7:52:26 PM PDT by karpov
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To: karpov

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.


2 posted on 06/18/2020 7:54:18 PM PDT by EinNYC
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To: karpov

The way this court is deciding lately you’d think B.O.is in charge. Wait...


3 posted on 06/18/2020 7:54:24 PM PDT by HighSierra5
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To: karpov

can Trump just ignore such a “ruling”?


4 posted on 06/18/2020 7:54:30 PM PDT by cherry
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To: karpov

Damn. Between this and its criticism of the Court’s absurd sex decision, the WSJ Editorial Board has been surprisingly non-establishment lately.


5 posted on 06/18/2020 7:55:23 PM PDT by Stravinsky
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To: karpov

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.


6 posted on 06/18/2020 7:56:20 PM PDT by DoughtyOne (Some of the folks around these parts have been sniffing super flu.)
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To: karpov

Congress can impeach judges who fail to uphold the Constitution that these same judges swore to uphold.


7 posted on 06/18/2020 7:57:45 PM PDT by AlaskaErik (In time of peace, prepare for war.)
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To: karpov

Roberts is unfit to judge. He should resign immediately.. Pure evil in a high place..


8 posted on 06/18/2020 7:58:20 PM PDT by Just mythoughts (Psalm 2. Why do the heathen rage, and the people imagine a vain thing?)
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To: karpov

the corrupt liberal media is still to this day calling the court a 5-4 ‘conservative majority’

bullshit, that facade has been blown up....


9 posted on 06/18/2020 7:58:20 PM PDT by sheehan (DEPORT ALL ILLEGALS.)
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To: karpov

Trump needs to flood zone with “DACA like” Executive Orders restricting immigration on numerous fronts. OVERWHELM the system and shove it up Roberts ass.


10 posted on 06/18/2020 8:02:52 PM PDT by LeonardFMason (Lou Dobbs)
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To: karpov
The majority is now the STCOTUS*

* Supremely Traitorous Court of the United States.

11 posted on 06/18/2020 8:08:20 PM PDT by Carl Vehse
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To: karpov; EinNYC; HighSierra5; cherry; Stravinsky; AlaskaErik; Just mythoughts; sheehan; ...

=========================

"Cry Havoc, and let slip the Dogs of War!"

LeonardFMason appears to have won the post.

12 posted on 06/18/2020 8:11:19 PM PDT by an amused spectator (Mitt Romney, Chuck Schumer's p*ssboy)
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To: karpov

Roberts should seek swift redemption.


13 posted on 06/18/2020 8:13:37 PM PDT by coaster123 (Virus = First Plane Strikes Tower)
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The brainless mouthbreathing Progtard zombies on Twitter STILL haven’t figured out what he meant by that tweet...


14 posted on 06/18/2020 8:13:45 PM PDT by an amused spectator (Mitt Romney, Chuck Schumer's p*ssboy)
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To: karpov

Black robed terrorism. Plain and simple.


15 posted on 06/18/2020 8:14:02 PM PDT by government is the beast (In the last century, an estimated 262 million people have been murderd by their own government)
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To: HighSierra5

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.


16 posted on 06/18/2020 8:19:03 PM PDT by Ronin (I need a new tagline...)
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To: AlaskaErik
Congress can impeach judges who fail to uphold the Constitution that these same judges swore to uphold.

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?

17 posted on 06/18/2020 8:23:49 PM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit)
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To: Ronin
We have to consider him lost to the cause.

Cheap Justice Roberts was lost when he coughed up his ridiculous decision supporting 0bamacare. That was the beginning of the end.

18 posted on 06/18/2020 8:25:08 PM PDT by windsorknot
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To: EinNYC

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.


19 posted on 06/18/2020 8:27:06 PM PDT by lodi90
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To: karpov

The “French Revolution” did not spare the ‘well connected’.


20 posted on 06/18/2020 8:28:17 PM PDT by Don Corleone (The truth the whole truth and nothing but the truth)
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