DACA is appearing before the Supreme Court on Tuesday. Their ruling should come out just before the 2020 election. How do you see them ruling?
I think they will strike it down. I would like to see it struck down only because I think the congress should come up with a bill that can become law. If they do uphold DACA, it will be harder for any president to get rid of any previous issued executive orders because future generations would be able to sue to keep the previous EO in place. I dont think the court will want to open that pandoras box.
I’ll be profoundly disappointed if SCOTUS ends up making law here. Law should be left to Congress.
DACA was born as an executive order. Either SCOTUS rules that the president has that power – in which case the current president has the power to reverse it – or the president does NOT have that power and the original order should never have happened.
I read this this morning and found it interesting:
Basically,. had the Trump administration handled things differently, ending DACA would have been nothing more than a change of policy and would certainly have been upheld by lower courts.
But…well, the article explains it better than I can.
At a contentious meeting in the White House Roosevelt Room several days earlier, Elaine C. Duke, then the acting secretary of homeland security, had broken with the rest of Mr. Trump’s team and balked at its demand that she issue a memo ending Deferred Action for Childhood Arrivals, the Obama-era program known as DACA that shields immigrants who were brought to the United States as children.
Ms. Duke was deeply bothered by the idea that she could be responsible for deporting hundreds of thousands of young people from the country they considered their own. And she did not want her name on the policy rationales put forth by Mr. Sessions; Stephen Miller, the president’s powerful immigration adviser; and others who argued that the program encouraged new waves of illegal immigration and was an undeserved amnesty.
looked like shoddy journalism to me. The piece never made the case for what Trump supposedly did wrong. Presidents rescinding previous administration executive orders have been taking place for years. They shouldnt have to justify it. The solution is easy. If you dont want the next guy rescinding your EO, get congress to pass a bill. Obama couldnt get it through Congress so he made an EO. Now, at least to me, Trump is fully within his judgement to rescind it.
The funny thing to me is there isnt a doubt in my mind that Trump could have struck a deal with Nancy on this issue and got all the Dreamers covered along with incoming dreamers. She was afraid to give Trump a deal because she didnt want him to be able to claim a victory on anything.
This attitude in Washington is only going to get worse. Cant imagine what it will be like in DC ten years from now.
And I think you would have been satisfied, and the SCOTUS would easily overturn if the Trump administration had positioned their move as a policy change instead of stopping DACA on the basis of its legality.
The other issue is whether the Legislative Branch can cede that power to the Administrative Branch. Article I is very clear about where all legislation must originate.
The DACA case is in front of SCOTUS tomorrow (11-12-2019) for orals.
The question I am asking is this.
Not how you would want SCOTUS to rule. But how it will rule.
I think it will be another 5-4 ruling saving DACA in some form with Chief Justice Roberts once again delivering for an Obama policy and against the president.
Trump is claiming that it was illegal from the beginning. But that argument will only sway 4 of the 9
