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BREAKING: The US Supreme Court has ruled the Trump administration violated federal law when it rescinded the DACA program

  

Category:  News & Politics

By:  john-russell  •  4 years ago  •  72 comments

BREAKING: The US Supreme Court has ruled the Trump administration violated federal law when it rescinded the DACA program
The US Supreme Court has ruled the Trump administration violated federal law when it rescinded the DACA program


BREAKING: The US Supreme Court has ruled the Trump administration violated federal law when it rescinded the DACA program https:// supremecourt.gov/opinions/19pdf /18-587_5ifl.pdf


In a 5-4 decision written by Chief Justice John Roberts, the Supreme Court ruled today that the DACA program will continue. 



Roberts writes the 5-4 decision: "Here the agency failed to consider the conspicuous issues of whether to retain forbearance and what if anything to do about the hardship to DACA recipients." The case is remanded back to DHS "so that it may consider the problem anew."





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JohnRussell
Professor Principal
1  author  JohnRussell    4 years ago

Another Trump dream bites the dust. 

 
 
 
Paula Bartholomew
Professor Participates
1.1  Paula Bartholomew  replied to  JohnRussell @1    4 years ago

He could screw up a wet dream.

 
 
 
Vic Eldred
Professor Principal
1.2  Vic Eldred  replied to  JohnRussell @1    4 years ago

What it means, John, is that the SCOTUS did not rule on the merits of whether DACA is right or wrong. They essentially rejected the manner in which the act was terminated - specifically - what will be done with the people covered under DACA?

“We do not decide whether DACA or its rescission are sound policies, “ Roberts wrote. “We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action. Here the agency failed to consider the conspicuous issues of whether to retain forbearance and what if anything to do about the hardship to DACA recipients.”

"In a dissent joined by fellow conservatives Justices Samuel Alito and Neil Gorsuch, Justice Clarence Thomas wrote that the majority decision “must be recognized for what it is: an effort to avoid a politically controversial but legally correct decision.”

“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. On the contrary, this is anything but a standard administrative law case,” Thomas wrote. 



The political implications are these: Congressional democrats will never sit down with Republicans, let alone the President, until the President comes back to the Court and jumps through all the necessary hoops of telling the Court what provisions he will make for the estimated 700,000 DACA recipients. There is no political capitol for that now, with all that's on the President's plate before the next election, nor will there be time for the Court to hear it again.

 
 
 
evilone
Professor Guide
1.2.1  evilone  replied to  Vic Eldred @1.2    4 years ago

Nicely done, Vic.

 
 
 
Ender
Professor Principal
1.2.3  Ender  replied to    4 years ago

The way I took it is basically cannot make a contract with people then rip up the contract with no regard to outcome.

I still don't see how it was/is an EO when it was a departmental policy.

 
 
 
JohnRussell
Professor Principal
1.2.4  author  JohnRussell  replied to  Vic Eldred @1.2    4 years ago

Do you always quote the dissenting opinions in SC decisions Vic? , or this an exception?  jrSmiley_10_smiley_image.gif

this is the bottom line of the decision

the agency failed to consider the conspicuous issues of whether to retain forbearance and what if anything to do about the hardship to DACA recipients.

 
 
 
evilone
Professor Guide
1.2.5  evilone  replied to    4 years ago
What the low functioning fucktards who...

Don't read don't realize is this was a ruling on a DHS policy and 8 of the 9 justices agreed at least in part.

 
 
 
Ender
Professor Principal
1.2.7  Ender  replied to    4 years ago

It was still a departmental program. The same as donald having departments rewrite rules and regulations.

 
 
 
Vic Eldred
Professor Principal
1.2.8  Vic Eldred  replied to  JohnRussell @1.2.4    4 years ago
Do you always quote the dissenting opinions in SC decisions Vic? , or this an exception? 

I quote them whenever a question before the Court remains unresolved. We will be here again, probably next year.

 
 
 
Vic Eldred
Professor Principal
1.2.9  Vic Eldred  replied to    4 years ago

There is a point to what you say. The problem is that congress is so bitterly divided and dysfunctional that the Court keeps coming to grips with the great issues of the day. Barak Obama told us many times that he didn't have the legal authority to enact an EO for DACA recipients - "That's not how our democracy works" (remember that speech?), but on came the 2012 elections and the Obama campaign began to realize they were going to need the vote of every "other" who could be politically motivated, so Obama rolled out the EO.

 
 
 
Ronin2
Professor Quiet
1.2.10  Ronin2  replied to  Ender @1.2.3    4 years ago

Wrong, show us the DACA law passed by Congress.

It can't be departmental policy when there is no law to follow. In fact that policy goes directly against existing immigration laws. Obama used an EO/EA to bring DACA into existence; Trump merely ended it- which any president can do. EO/EA's may not outlive the President that brought them into being. Now anyone can argue that an EO/EA is as good as a law. 

We can thank Obama for another massive overreach, and giving the Executive Branch even more power.

Wonder if there are lawsuits left to come before the court regarding the legality of Obama's EO/EA DACA? If not I am sure they can be restarted. The Supreme Court might give itself whiplash having to rule Obama's DACA EO/EA was illegal; because it is in direct conflict with existing immigration laws.

 
 
 
Ender
Professor Principal
1.2.11  Ender  replied to  Ronin2 @1.2.10    4 years ago

Show me where the trump changes in immigration have passed congress.

 
 
 
Greg Jones
Professor Participates
1.3  Greg Jones  replied to  JohnRussell @1    4 years ago

What Federal law was violated...those opinions get might wordy and are full of legalese.

Personally, I think any young person or child, including anchor babies, that was brought to the US by parents or others, should be put on a fast track to citizenship.

Any other person or relative, including the parents, should be deported and made to apply for citizenship.

Too many anchor babies ended up here because of devious parents and others, and distant relatives have no special right to bypass the system.

 
 
 
Nerm_L
Professor Expert
2  Nerm_L    4 years ago

Great!  Now we know Congress isn't needed and can simply be ignored.  DACA wasn't legislated into law; DACA was established by Executive Order which bypassed Congress.  SCOTUS has confirmed that a President can create law without Congressional action.

 
 
 
Ender
Professor Principal
2.1  Ender  replied to  Nerm_L @2    4 years ago
The policy was officially established by a memorandum from the Secretary of Homeland Security titled "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children". [26] This policy allowed certain immigrants to escape deportation and obtain work permits for a period of two years—renewable upon good behavior.

Link

the Department of Homeland Security would institute a temporary program to defer deportation for “eligible individuals who do not present a risk to national security or public safety.”

Link

Seems to me he let the department set policy.

How is this any different than donald letting the EPA set policy?

 
 
 
Nerm_L
Professor Expert
2.1.1  Nerm_L  replied to  Ender @2.1    4 years ago
Seems to me he let the department set policy.

So not only is Congress unnecessary, we don't even need a President to make law.  But the idea of a 'deep state' is a conspiracy theory.

We're being governed by a movie script.

 
 
 
FLYNAVY1
Professor Guide
2.1.3  FLYNAVY1  replied to  Nerm_L @2.1.1    4 years ago

No.... you elected and continue to support a jackass that can't follow a movie script and pushes conspiracy theories to keep your attention.

 
 
 
Ender
Professor Principal
2.1.5  Ender  replied to  Nerm_L @2.1.1    4 years ago

I don't see complaints about this current administration having departments rewrite laws and regulations. He is having the department change immigration on its own and I don't hear complaints about that. Same with the department of education and the EPA.

 
 
 
FLYNAVY1
Professor Guide
2.1.6  FLYNAVY1  replied to    4 years ago

Right on cue loki......   

CHINA......!!!!!!!!! 

UKRAINE...!!!!! 

If your Republican toadies in congress could be counted on to defend the US Constitution you'd be croaking a different toon.  But hey..... November's coming and conservative groups are seeing the writing on the wall and are willing to drop Trump to try to save things down ballot. 

 
 
 
Nerm_L
Professor Expert
2.1.7  Nerm_L  replied to  FLYNAVY1 @2.1.3    4 years ago
No.... you elected and continue to support a jackass that can't follow a movie script and pushes conspiracy theories to keep your attention.

I didn't elect Trump.  For me to elect Trump, it would have been necessary to vote for Trump.  And I didn't vote for Trump.

Why would I vote for an egotistical, self centered, grandstanding, scapegoating, grifter regardless of the R or D behind their name?  More importantly, why would you?

 
 
 
FLYNAVY1
Professor Guide
2.1.9  FLYNAVY1  replied to    4 years ago

Interesting Loki....

Trump lost two SCOTUS decisions this week with a packed court.

One was about being able to discriminate against LGBTQ and the right to fire them because of their orientation. 

The other one reduced the number of DACA children he can hurt.

And Trump continues to want people to vote for him.....

Obviously Trumps appeal and platform is based upon discrimination and hate..... 

And as far as being concerned about the "the sanctiy of life" I point to a number of your posts where you could "give a shit" about any of the recent dead at the hands of the police. Where was their due process Loki?  When you can tell me you've put you ass on the line for someone else, or those around you, then you can lip off all you want about due process.  Till then your just another of the protected with the freedom to say what you want while forever remaining ignorant of the facts that involve that big world out there. 

 
 
 
FLYNAVY1
Professor Guide
2.1.12  FLYNAVY1  replied to    4 years ago

Funny.... you decided to go somewhere on a tangent because of your hatred of Obama that had nothing to do with 2.1.9.  

We'll chalk that one up to A.D.D. or just a deliberate attempt at deflection.

 
 
 
FLYNAVY1
Professor Guide
2.1.13  FLYNAVY1  replied to    4 years ago

Swing and a miss again Loki.....

While Trump and the DOJ wasn't involved, and Trump's "we can live with it." comment sounded good, you can be damn sure that Trumps racist and bigoted religious supporters got their panties all in a wad.

Supreme Court's LGBT Decision Could Pose 'Grave Threat to Religious Liberty,' Christian Leaders Say

Franklin Graham: SCOTUS Transgender Ruling ‘Erodes Religious Freedoms Across this Country’

And there is this.... From Trump of course...

These horrible & politically charged decisions coming out of the Supreme Court are shotgun blasts into the face of people that are proud to call themselves Republicans or Conservatives. We need more Justices or we will lose our 2nd. Amendment & everything else. Vote Trump 2020!

   

 
 
 
FLYNAVY1
Professor Guide
2.1.16  FLYNAVY1  replied to    4 years ago

Be careful Loki..... you don't want to out yourself.  Oops.... looks like I'm too late with my warning.

Might I suggest that you get a passport after all this Covid stuff is behind us and go see the world.  Go eat, go drink and go learn from all of the different cultures from around the world.  Don't judge, just learn.  You'll find it will keep you warmer than your hate filled post above.  Good luck.

 
 
 
FLYNAVY1
Professor Guide
2.1.18  FLYNAVY1  replied to    4 years ago
Conservatives sure as hell haven't provided any voice to any group other than WASPs since I can remember, so people of color may as well go with the group that at least supports them running for political office.  That would be the Dems.
As for the other part, I sure hope that you do believe to your core in equality for all.  The US Constitution outlines what we say we are suppose to be as a country.  Any helping hand in achieving that level of equality is always welcomed.

 
 
 
FLYNAVY1
Professor Guide
2.1.20  FLYNAVY1  replied to    4 years ago

And there is our difference.  Conservatives have a long record of suppressing the vote, especially the black vote.  I'm sure you'll want to devolve into the lies about voter fraud to derail this seed further.

Besides, your strawman arguments don't cut it and you know it.  If you really understand the history of minorities in this country, then you understand the continuous tilted playing field against them to this day.  Yes, every culture has people smart enough to get into college themselves, but until they are provided the same equality of path to get there, the systemic racism you seem to want to turn a blind eye to has to be called out.

Investment in education is the best investment we can make for the future of our country.  It's best that we bring everyone along at the same time don't you think?  

 
 
 
Texan1211
Professor Principal
2.1.21  Texan1211  replied to  FLYNAVY1 @2.1.20    4 years ago
Conservatives have a long record of suppressing the vote, especially the black vote. 

True. Conservative Democrats who wrote Jim Crow laws, who attacked blacks for registering to vote, who attacked blacks who did vote.

 
 
 
1stwarrior
Professor Participates
2.1.23  1stwarrior  replied to    4 years ago

But, but, but - you forgot those little things called Reservations.

 
 
 
FLYNAVY1
Professor Guide
2.1.26  FLYNAVY1  replied to  Texan1211 @2.1.21    4 years ago

I know it's hard, but do try to keep up to current events....   FYI  its 2020 Tex...!   Moving on from your attempt to derail...

Lets talk the recent primaries in Iowa, Georgia and Wisconsin shall we...

 
 
 
FLYNAVY1
Professor Guide
2.1.27  FLYNAVY1  replied to    4 years ago

Thanks for clearing Tex up on that matter Loki.....  

 
 
 
FLYNAVY1
Professor Guide
2.1.28  FLYNAVY1  replied to    4 years ago

Nice diatribe of white privilege talking points and strawman statements Loki.  Of course I expected no less. 

Let's make it simple, does everyone in America today, white, black, whatever... have access to the same opportunity for success while at the same time face the same obstacles and level of challenges? 

Are you willing to put forth solutions or just going to be one of those that gives reasons why it can't be done because you see it as someone else's fault?  Face facts, libertarians don't care about anyone other than themselves. 

 
 
 
Texan1211
Professor Principal
2.1.30  Texan1211  replied to  FLYNAVY1 @2.1.27    4 years ago

I realize you probably didn't get it, but he was being sarcastic.

See, we know that all those Southern conservative Democrats didn't turn Republican. No way, no how. 

And no matter how liberals attempt to rewrite history.

 
 
 
evilone
Professor Guide
2.2  evilone  replied to  Nerm_L @2    4 years ago

The court ruled on DHS breaking rules, not on DACA. 8 of the 9 justices agreed at least in part. This ruling in no way, shape or form, makes DACA permanent.

 
 
 
The Magic 8 Ball
Masters Quiet
2.2.1  The Magic 8 Ball  replied to  evilone @2.2    4 years ago

shhhhhhhhhh... let them have their fantasy.

I'm not sure they realize... this...

 The case is remanded back to DHS "so that it may consider the problem anew.

means:  it will be resubmitted to the supreme court again very soon.

they celebrate too early :)

512

 

 
 
 
SteevieGee
Professor Silent
3  SteevieGee    4 years ago

Remember in November.  Send Trump back to Dumbfuckistan.

 
 
 
FLYNAVY1
Professor Guide
3.1  FLYNAVY1  replied to  SteevieGee @3    4 years ago

Send Trump back to Dumbfuckistan.

Ne never left that state.... he just showed all of America that 31% of the registered voters took up permanent residence there too.

 
 
 
Greg Jones
Professor Participates
3.2  Greg Jones  replied to  SteevieGee @3    4 years ago

We'll remember that Trump tried to keep unhealthy illegals out of the US, even before the pandemic.

 
 
 
FLYNAVY1
Professor Guide
3.2.1  FLYNAVY1  replied to  Greg Jones @3.2    4 years ago

Nah... He just married them.

 
 
 
1stwarrior
Professor Participates
3.2.2  1stwarrior  replied to  FLYNAVY1 @3.2.1    4 years ago

Now, you are hitting low.

 
 
 
Texan1211
Professor Principal
3.3  Texan1211  replied to  SteevieGee @3    4 years ago
Dumbfuckistan.

Is THAT where all the liberal fuckwads who claim Trump isn't THEIR President moved to?

 
 
 
Paula Bartholomew
Professor Participates
3.4  Paula Bartholomew  replied to  SteevieGee @3    4 years ago

NO....prison.

 
 
 
FLYNAVY1
Professor Guide
3.4.1  FLYNAVY1  replied to  Paula Bartholomew @3.4    4 years ago

.... Sure!  Prison is good too.  Lock him up...! Lock him up...!

Wow that's got a great sound to it.....

Lock him up...! Lock him up...!

Those on the right seem to have experience with that chant.... Think we can get them to join in?

Lock him up...! Lock him up...!

I think the Lincoln Republicans can do something with that material.....

 
 
 
SteevieGee
Professor Silent
3.4.2  SteevieGee  replied to  FLYNAVY1 @3.4.1    4 years ago

Funny how Hillary is still walking free after almost 4 years.  I'm beginning to think Trump was lying about that one.

 
 
 
Kavika
Professor Principal
4  Kavika     4 years ago

Great news. 

During this pandemic, there are 27,000 dreamers that are health care workers. 

Take them out of the health care profession and all the health care problems we have in this country will only get bigger. 

 
 
 
evilone
Professor Guide
4.1  evilone  replied to  Kavika @4    4 years ago

They aren't safe until the Dems win in November and make it law.

 
 
 
Greg Jones
Professor Participates
4.1.1  Greg Jones  replied to  evilone @4.1    4 years ago

Trump will veto whatever crap they attempt to palm off on the country...if the Dems still control the House, that is.

 
 
 
Paula Bartholomew
Professor Participates
4.2  Paula Bartholomew  replied to  Kavika @4    4 years ago

Trump could care less.

 
 
 
Sean Treacy
Professor Principal
5  Sean Treacy    4 years ago

What a crazy ass decision. Roberts and the 4 justices who need only be called by the collective liberal since they lack any independent thought, admit  DACA contravenes federal law and somehow claims it's manifest illegality isn't sufficient reason to overturn it. 

Per Judge Roberts, the President can bind a successor President by ordering an agency to do something that violates federal law, and the next President can't revoke a plainly illegal act without convincing a Court of the policy justifications. 

If Trump loses in 2020, get ready for a bunch of orders that defy federal law that Biden's agencies are  going to have to follow.  Thanks to Roberts and the liberal borg. 

 
 
 
Greg Jones
Professor Participates
5.1  Greg Jones  replied to  Sean Treacy @5    4 years ago

Imperative that Trump win at all costs, even if upsets his detractors. Need another conservative on the High Court, hopefully Amy Coney Barrett.

However, this decision was simply sent back and the final fate of DACA is yet to be determined.

 
 
 
Dismayed Patriot
Professor Quiet
5.1.1  Dismayed Patriot  replied to  Greg Jones @5.1    4 years ago
Imperative that Trump win at all costs

That does seem to be what Trump supporters feel, a "win at all costs" mentality where they can fuck the law, fuck the constitution, fuck the majority of Americans, fuck decency and just do whatever it takes to make sure this disaster stays in office. That's why they couldn't care less about all the evidence showing Trump was pressuring not only Ukraine but China and other countries to make sure he gets re-elected. He's not out there pushing for American policy, pushing democracy, he's pushing authoritarianism and cozying up to dictators all to help his own personal political agenda. Sure, he's convinced his low IQ base that anything that is good for dirty Donald is good for America, so that's how he justifies it, but can any rational patriotic American actually believe that? It's fucking horrifying to the majority and I can only trust that the majority of Americans are not stupid enough to allow 2016 to happen again.

 
 
 
Greg Jones
Professor Participates
5.1.2  Greg Jones  replied to  Dismayed Patriot @5.1.1    4 years ago

You'd be taken more seriously if you weren't such a lying potty mouth

 
 
 
Ronin2
Professor Quiet
5.1.3  Ronin2  replied to  Dismayed Patriot @5.1.1    4 years ago
That does seem to be what Trump supporters feel, a "win at all costs" mentality where they can fuck the law, fuck the constitution,

Applies to Democrats even more than Trump supporters. Remove Trump at all costs has been their mantra since before he took office.

fuck the majority of Americans,

We are a Democratic Republic. No matter how much the left screeches otherwise.

fuck decency and just do whatever it takes to make sure this disaster stays in office.

Democrats decent- you must be kidding. Pelosi and crew have match Trump low blow for low blow; and the left cheer her for it. 

That's why they couldn't care less about all the evidence showing Trump was pressuring not only Ukraine but China and other countries to make sure he gets re-elected.

Evidence, the Democrats don't know the meaning of that word. 

He's not out there pushing for American policy, pushing democracy,

Thank fucking God! He hasn't started any new wars! That puts him well ahead of all of his predecessors. 

he's pushing authoritarianism and cozying up to dictators all to help his own personal political agenda.

Rampant TDS at it's best.

Sure, he's convinced his low IQ base that anything that is good for dirty Donald is good for America, so that's how he justifies it, but can any rational patriotic American actually believe that?

I don't think the left have room to talk with their own low IQ base. Anything that is good to keep Democrats in power is good for America. See how that works? The Democrats don't give a fuck about us either. It is hilarious to see people claim otherwise.

It's fucking horrifying to the majority and I can only trust that the majority of Americans are not stupid enough to allow 2016 to happen again.

You don't speak for the majority of Americans. Did you vote for that worthless piece of shit Hillary Clinton? Then you are no better than the worst Trump supporter. We were given the two worst Establishment nominees ever; you are just all pissed that your worthless piece of shit lost! But hey, you get a second shot at electing another worthless piece of shit in Biden. He will put things back to normal. NATO countries will go back to using the US as their pit bull while sucking us dry economically; Biden will not hold China accountable for anything- he will end the tariff war and break out his knee pads- he needs China to jump start the US economy with cheap shit (China can hardly wait to go back to stealing intellectual property, technology, and classified information with impunity). Biden will not end the wars in Syria, Iraq, or Afghanistan.  He is a good Establishment bot. All war is good war to Establishment cronies.

But hey you will have traded a verbal sexual predator for an actual one (at least Biden only attacks Democratic women and girls sometimes right in the public eye); a liar for a gaffer; a virtual racist for a real one;  and speculated demented individual for a real demented individual. But at least you will have that all mighty D in office. 

 
 
 
Paula Bartholomew
Professor Participates
6  Paula Bartholomew    4 years ago

Trump, the narcissist in charge tweeted that this decision was based on the fact that the "SC doesn't like him."

 
 
 
JohnRussell
Professor Principal
6.1  author  JohnRussell  replied to  Paula Bartholomew @6    4 years ago

I have heard that Trump also believes people wear masks in public solely to make HIM look bad. 

He lives in his own moronic reality. 

 
 
 
Paula Bartholomew
Professor Participates
6.1.1  Paula Bartholomew  replied to  JohnRussell @6.1    4 years ago

He looked bad before the pandemic.  What was his excuse then?

 
 
 
Sean Treacy
Professor Principal
7  Sean Treacy    4 years ago

the best one sentence summary of this case I've seen is  "the Supreme Court just forced the Trump administration to violate immigration law."

That's par for the course in 2020, when America lost its collective mind.

 
 
 
Ronin2
Professor Quiet
7.1  Ronin2  replied to  Sean Treacy @7    4 years ago

Yeah, legislating from the bench is the new norm. I know that Roberts wants to be the moderate, negotiating, judge that keeps the court together (integrity he calls it); but he is disregarding the law. When that happens he is as bad as any liberal feel good judge on the bench.

 
 

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