Posted on 06/18/2020 11:28:55 AM PDT by karpov
Chief Justice Roberts, joined by the Supreme Court’s four liberals, restored the Obama administration’s 2012 Deferred Action for Childhood Arrivals (DACA) policy, on the theory that the Trump administration failed to analyze or to explain two aspects of DACA repeal. DACA was a major policy issue contested in public campaigns. Only one Justice (Sotomayor) even questioned whether the Trump administration had the legal power to repeal DACA. The Court, moreover, assumed for the purposes of the decision that DACA itself was illegal, and eviscerated the Obama administration’s legal theories for enacting it. If elections for the presidency cannot undo major executive branch policies, why bother having elections at all? And if it is harder to repeal illegal executive actions than to adopt them in the first place, we have completely lost the plot of how a nation of laws is supposed to work.
Today’s decision, Department of Homeland Security v. Regents of the University of California, is certain to further undermine public confidence in the democratic process, particularly among voters who chose Trump because they were dissatisfied with Obama-era immigration policy and thought that Trump would possess the same executive powers as his predecessor. It is also yet another episode of how badly our system of lawmaking operates when laws are not made by Congress. It represents the third time — following the “Muslim travel ban” and census-citizenship-question cases — that Roberts has written an opinion on a major immigration-related issue and concluded that the Trump administration’s power to act in this area depends on whether it has conducted a process that looks adequate to judges. It reflects, once again, how Trump himself consistently undermines his own presidential powers. Finally, it further elevates the stakes in the presidential race for voters who care about immigration.
(Excerpt) Read more at nationalreview.com ...
It’s a no-op for the next few months anyway. With the Covid lockdown you can’t really do deportations.
Didn’t it Die in March 2018 because Congress did nothing ?
It will be an issue in the Presidential election, but will any Republicans down the ticket pick up the issue?
Leftism has been secreted so far into this country.... I am sad to say the only real way to wipe the slate clean and fix shit would be a full blown military Junta...
But I seriously doubt any military generals have the stones or fortitude to do such a thing as they have all been made into “Political Officers” who worry more about collecting their pensions or sweet gigs in the military industrial complex after retirement...
One of the last great generals passed away shortly after WW-II.... his name was Patton...
Instead of overturning 0bama’s executive order Trump should issue his own executive order.
The Constitution… is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please. It should be remembered as an axiom of eternal truth in politics that whatever power in any government is independent is absolute also …This certainly is two centuries overdue in reforming.
— Thomas Jefferson to Spencer Roane, 09/05/1819
“Finally, it further elevates the stakes in the presidential race for voters who care about immigration.”
How so? It doesn’t matter who we elect, they will not be able to enforce immigration policy that we want. It doesn’t matter who they nominate to the Supreme Court either, because they’ll just switch sides and vote with the left. So why does the election matter, in terms of immigration?
“For a president to defy the Supreme Court is a last resort...”
It’s because this is viewed as a “last resort” that the Supreme Court has usurped all the powers of the Executive and Legislative branches. Trump should have been defying the judiciary the first time they illegally interfered with his Constitutionally-defined Executive authority. Maybe then it wouldn’t have gotten to this point.
Was 0bie’s an EO, or just an ‘official note’. I can’t remember...but, there was something he did, with illegals/immigration, that was simply an official note.
Trump should do the same, regardless, to reverse this monstrosity.
The APA (Administrative Procedure Act) is for proposed regulations by Federal Agencies. The DACA situation was a clear violation of Federal Law, as acknowledged proudly by first Obama, and then the rest of the Democrat Party. An EO enforcing an existing law shouldn't have to go through the same Notice and Comment procedure set by the APA for regulatory agencies, who are making regulations that interpret broad Congressional Laws, and which act as new law.
Here, everyone agrees that DACA has been allowed to fester illegally. It's different.
Trump Admin extended the Daca after the deadline .
https://thehill.com/latino/355267-trump-to-extend-daca-protections-if-congress-doesnt-act-repor
Did this action result in this SC mess ?
I agree. The Department of Homeland Security should go through the process and give reasons to end DACA.
The Supreme Court seems to have decided that Trump will be defeated in November so they might as well get started tearing down his policies to make things easier for Biden.
Remember the other illegal Executive Order, allowing spouses of H1B Indian scum to work under a H4EAD visa? An additional 115K Americans are losing their jobs per year because of this, and this H4EAD trash can take any American job
John Roberts has a rainbow colored past, and his kids may have been “laundered” through John of God.
Yep, they want to be “on the right side of history”.
I think the country was much better when politicians and judges worried more about being on the wrong side of a lynch mob than being on the right side of history.
“The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants”
Thomas Jefferson
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