9th Circuit Blocks Trump’s Moves To End DACA

dailycaller.com ^ | 11/8/2018 | Kevin Daley

[rktman]

A federal appeals court upheld a nationwide injunction against President Donald Trump’s termination of the Deferred Action for Childhood Arrivals (DACA) program Thursday.

A three-judge panel of the U.S. Court of Appeals for the 9th Circuit concluded DACA’s recension “is arbitrary, capricious, or otherwise not in accordance with law.”

Supreme Court action could soon follow. The Trump administration asked the high court to intervene in the DACA cases Monday. The move was highly unusual, as three federal appeals courts, including the 9th Circuit, are separately reviewing orders requiring the government to continue administering DACA. The justices seldom review a case before the circuit courts issue judgment.

The University of California (UC) brought Thursday’s case after the U.S. Department of Homeland Security (DHS) issued a memo rescinding DACA on Sept. 5, 2017. Former Attorney General Jeff Sessions sent a memo to DHS advising that DACA was not lawful one day prior on Sept. 4.

[rktman]

So they ruled on an unconstitutional act by a former resident of the white house. How cute. Ignore, move on.

[dp0622]

The SCOTUS is looking good these days...

[rktman]

Well if ruth buzzi stays in the hospital it could be a 4-4 and Roberts is NOT dependable in my view.

[dfwgator]

Why bother voting?

[rktman]

On? Daca? It was a pen and pencil thing left over by the “I have a pen and a phone.” bunch.

[progunner]

Time to abolish the 9^th

[Pearls Before Swine]

So they ruled on an unconstitutional act by a former resident of the white house.

More precisely, they told Trump that it was unconstitutional for him to reverse by EO a previous EO that in itself was unconstitutional at its time of issuance. But, not in those exact words.

[rktman]

;-)

[Gay State Conservative]

SCOTUS routinely overturns 9th Circus rulings.

[stylin19a]

The ruling is not bad considering...it sounds like the court is saying the FEDs should not have filed at all..but didn't POTUS end DACA based on an E.O.and the courts said he couldn't ? Catch-22 not mentioned by the 9th ?

The court cautioned that DACA could still be legitimately discontinued, provided the government did so on a different basis.

“To be clear: we do not hold that DACA could not be rescinded as an exercise of executive branch discretion,” Wardlaw wrote. “We hold only that here, where the executive did not make a discretionary choice to end DACA — but rather acted based on an erroneous view of what the law required—the rescission was arbitrary and capricious under settled law.”

[vannrox]

Hey! Someone wake up Rip Van Sessions, will ya!

[monkeyshine]

They ruled that it is unlawfully arbitrary and capricious to cancel an arbitrary and capricious policy.

It may be capricious (given to sudden change) but it hardly arbitrary (based on random or personal whim without discernible reason).

[rktman]

Jeff has left the building!

[Boardwalk]

The Dems will miss him.

[Revel]

Yes and since republicans control the senate they can fill the Two vacancies in the 9th that I am aware of.

[frnewsjunkie]

President Trump: Fix this court of appeals.. they think they are above you.. and enough is enough!! appoint ... change...

[Hugin]

OK. We’ll let Justice Kavanaugh decide.

[FlipWilson]

Heads they win, tails they win, but either way they win or else.

[Logical me]

Don’t think Trump realizes what is going to happen with the House loss to the communists empire of criminal Democrats. There is no getting along with the insane with only purpose is to destroy you.

[Lurkinanloomin]

It’s strange that a court of law would insist an illegal program for illegal aliens started illegally by an illegal President would have to be continued.

DACA has NO legal basis.