Supreme Court Rules Against Trump Regarding DACA
The Supreme Court ruled against President Trump and his administration regarding the Deferred Action on Childhood Arrivals (DACA). They based their decision on what they argue is a violation of the Administrative Procedure Act (APA). Chief Justice John Roberts joined the leftist wing of the Supreme Court. Beyond the APA question, the Supreme Court doesn’t appear to oppose the decision or action to end it. It’s like identifying the fine, for not having health insurance per Obamacare, as a “tax”.
From Fox News:
In a 5-4 decision, with Chief Justice John Roberts joining the liberal members to author the opinion, the court said the Department of Homeland Security’s move to eliminate the program was done in an “arbitrary and capricious” manner although they did not rule on the merits of the program itself.
“We do not decide whether DACA or its rescission are sound policies. ‘The wisdom’ of those decisions ‘is none of our concern,'” Roberts wrote in his opinion. “We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action.”
President Trump quickly reacted to the decision, which came days after an opinion from his own appointee Justice Neil Gorsuch that said employment discrimination based on sexual orientation or gender identity was prohibited under Title VII of the Civil Rights Act.
“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,” Trump tweeted Thursday morning, suggesting that the Second Amendment could be at risk if he does not get elected and have the chance to potentially appoint more justices.
Fox News has the rest of the article here. You could also read the court’s opinion at this link.
Category: Politics
I vented about this one to Ed earlier. UFB.
Thomas has the right take on it. https://www.breitbart.com/politics/2020/06/18/clarence-thomass-daca-dissent-supreme-court-upholding-inherited-unlawful-programs/
Sotomayor seems to think that Trump’s prejudices (supposing for a moment that they exist) against Latinos makes his legal footing to rescind the obviously illegal DACA unlawful.
According to another report I read, the court suggested it would allow the agency to cancel the partial amnesty if the agency went through the regulatory hoops that were ignored when Obama’s deputies created the program.
Wrap your head around that. In order to rescind an illegal program you first have to go through all the hoops that they skipped in instituting it (skipping said hoops ALSO makes the program illegal) in order to then rescind it? Illegal order, enacted illegally, but now needs to be enacted legally before it can be legally rescinded. WTF
Thank you, John Roberts. You pathetic human being.
Why is it ALWAYS the Republican appointees that turn out to change from their Constitutionalist stances when they get on SCOTUS? It’s never any Democrat appointees. They always get the activist, revisionist, invent law out of whole cloth justices.
Sleeper agents!
The whole DACA thing was rammed down the throats of the Taxpayer by the cool black dude JEF. “I have a phone and a pen.”
Roberts coulda been following the fine line of the letter of the law, but as I read it, like Mason pointed out, the whole damn thing was illegal from the git go and, once again, the do nothing kongress kritters let the JEF get away with his crap.
My white privilege gives me the privilege to go to prison when I break the law.
No. 75% of Americans support DACA.
Including a majority of republicans.
800 currently serving military members are DACA. 29,000 medical, police, fire, and first responders nationally, tens of thousands of vets.
200,000 American born Children have a DACA parent.
DACA recipients have a much lower crime rate, higher graduation rate, higher rate of community, military, and public service.
They were brought here when they were children.
Capriciously sending them back would be unjust. Many don’t speak the language or know the countries they are from.
Fuck off cocksucker! They broke the law to get here, and their parents too. Millions came into this country the LEGAL way.
You really do go out of your way to be an aggravating sissy punk asinine piece of sh^t azzhole, don’t you?
They didn’t break the law. Their parents did.
More than 70% of American support DACA. The rest are assholes.
But enjoying your boomer rage over “foreigners” replacing you is my new sexual identity,
Thank God we no longer have to deal with your old one:
The multi-personalitied omnisexual.
😜😜😜
Apparently you are not aware with the federal provision that no one can benefit from a criminal conspiracy. The illegal kids cannot be innocent because they got here through a criminal conspiracy to break federal law. Your horse shit numbers on how many support DACA is again, just that, horseshit. Fuck illegals.
You quoted 75% above and then 70% here. Which is it?
Sources??? For either????
But enjoying your boomer rage over “foreigners” replacing you is my new sexual identity. To me, that new sexual identity screams “Fudge Packer”. Wait till he starts growing pubic hair. He’s the new poster boi for the TAH “Angry Children Who Squat Over Urinals”.
I’m a firm believer in securing our borders, and don’t ‘like’ illegal immigration… yet, I still have a ton of compassion and, yes, admiration for those parents who, yearning for a better life of freedom and opportunity for their children, endured hardship and uncertainty all for just a chance of success.
That’s one of the most American things ever. And the kids, certainly, aren’t at fault.
Excessive immigration is a weapon to destroy us. The immigrants are to -become- us. To join us. Not the other way around. Too many too fast swamps the boat.
It is not compassionate to aid in wrecking the things many seek. So we must have limits, and assimilation, and that requires some hard and unpleasant choices.
The “open borders” stuff is meant to wreck us. Logically, no other conclusion can occur. So because nincompoops didn’t limit illegal behavior, we have no practical alternative to some sucky choices. Ending the unconstitutional thus illegal “daca” is one necessary consequence.
-End- it. Stop the uncontrolled immigration. -Then- decide how we address the edge cases and hardships.
How can we tell folks “obey the law” if some other folks get to ignore it?
Those who want to remove/replace the USA are actively exploiting this method. Cooperating is kinda foolish. Immigration -must- serve the USA and its objectives. It -must- stay in the lane “legal”.
So, yes, daca must end, and some consequences must suck, and those advocating for lawlessness need to knock it off.
Or we have no law but that of brute force. No laws, no justice, no Liberty.
I am all for cherry-picking the liberty-loving best of the world’s crop of folks.
My own grandmother came here from elsewhere. Some other came to Jamestown. Yet another watched the first boat arrive at Jamestown. Others came here by other means from other places in other times.
Controlled immigration is an asset. Uncontrolled immigration is an invasion.
Quite willing to talk about what to do with daca folks once we end, or at least hugely reduce, the illegal trade in flesh, which is also a -huge- part of this problem.
Excessive immigration is a weapon to destroy us. That’s a pretty broad statement – what’s ‘excessive’? Who is wielding this weapon? How will it destroy us? We’re a nation founded and built by immigrants, recall. The “open borders” stuff is meant to wreck us. Who the heck is arguing for open borders? Sure, sure, the talking heads will wave their hands and say, ‘liberals’ want open borders, but what’s the actual support for that, both in the population and in Congress? Damn near zero. It’s a wacky idea by peace & love hippies, but not mainstream. -End- it. Stop the uncontrolled immigration. -Then- decide how we address the edge cases and hardships. Call me crazy, but I think the US government can do more than one thing at a time. Why not work on securing the border, and helping the people who were brought here as kids and this remains the only home they identify with? How can we tell folks “obey the law” if some other folks get to ignore it? We tell people to obey the speed limit, and yet only a few of the people who break it get caught. It’s still a law, and if you get caught, you’re still punished. If you’re not, you’re breaking the law and benefiting from it. Should we retroactively use video footage to track down every single person who sped and send them tickets? Ever copied a song off a friend’s CD? Criminal. Placed bets with friends on sports games? Probably illegal, depending on where you live. Sang “Happy Birthday” to someone? Illegal. Drank underage? Illegal. I could go on, but I think you get the point. Our justice system doesn’t punish everyone who breaks laws; it (often) punishes those caught breaking laws. So, yes, daca must end, and some consequences must suck, and those advocating for lawlessness need to knock it off. Most people aren’t advocating lawlessness. They’re advocating for compassion for those who identify as Americans, through no fault of their own. If you’re arguing for a hard-and-fast ‘by-the-law’ take on this, I assume you’re also going to… Read more »
If the net effect is no limits, no enforcement, or no significant control of it, that is “open borders”.
Too many is when assimilation falters, where we are not screening for infectious disease, or not screening for shitbag affiliation (gangs, hostiles, sex traffickers, coyotes).
Ellis Island wasn’t a wide open portal or even a revolving door. A buffer and a quarantine. Worked OK.
Is the immigration impacting wages noticeably?
Is it overcrowding schools?
Crime out of control?
The country is for US citizens -first-. Has to be.
Assimilation is paramount. They become -us-. We don’t need to become someplace else. Folks were leaving someplace else, quite often because “shithole”.
I certainly would.
My immigrant friends and associates over the years think it is dumb not be more picky, more restrictive. They also went American Patriot pretty hard. Their perspective on immigration has altered mine.
It shouldn’t be easy to become us. We don’t want folks that chose the easy road.
Look at it from a Public Health perspective, not just all of the unvaccinated individuals, but those carrying parasitic infections among other things.
There is no need to illustrate to all how ignorant you are with vulgarity. I am a conservative Republican and many of us believe it is wrong to prosecute a child for the crimes of their parents. They had no say in what occurred. As far as your bravo language, I ask the Blog Administrator to issue a caution to this prick.
I am all for finding a resolution to kids raised here illegally.
-first- stop the bleeding. Then we clean up the mess.
I would go so far as amnesty of the kids, and permanent residency, if:
End to most illegal immigration, with serious efforts to deport adult criminal violators.
Serious wall upgrades wherever needed.
-serious- penalties for trafficing flesh. Includes hiring illegals. Felony level.
Some requirement that the kids maintain a place, not spounge. Must seek citizenship. Actively. Express lane for active duty service completion. Fast lane for reserves/guard. -something- to earn acceleration. -no- felony criminality, none.
But -first- we end the problem that created this situation.
Abolition of the flesh trade.
If that’s the case (and I do largely agree with you on this), then it shouldn’t be hard to legislate it. We have a system in place to make these changes and it’s not the court or executive orders,
Some folks want a permanent class of victim/servants.
Abolish the trade in flesh.
Not as long as there are any significant amount of socialist democrats in power in our government.
The Democrats need more votes.
This is ridiculous. It was a frigin executive order because the community organizer in chief didn’t have the votes to pass it in Congress as a law.
How the hell can it be the law of land now??!
It is not the law of the land.
They didn’t rule on whether Trump could end DACA.
They ruled DHS couldn’t. And they didn’t even say that. They just said DHS did it with so little consideration of the consequences and so little preparation that it was arbitrary and capricious. They violated their responsibilities as a government agency.
And they really did.
I disagree.
“Stop! In the name of the Law.” is neither arbitrary nor capricious.
Executive has a legal, affirmative duty to uphold our laws.
SCOTUS got this one wrong, just as they got Dred Scott wrong and Plessy wrong.
SCOTUS did not get this wrong.
I explained clearly what the decision covered.
And DACA kids are not lawbreakers.
They did not have any agency in their being brought here.
So no criminal culpability.
SCOTUS got it wrong. Note the dissents.
They do that, you know, from time to time. Dread Scott, Plessy vs Ferguson, Roe v Wade, that whole tax/not-tax/WTF thing.
Now this.
Maybe we need a Constitutional Court to rule over the Supreme Court?
Until then, term limits for Supreme Court members. Only way to keep them from screwing up too much before they are gone…
Or maybe you should learn more about what happened with DACA.
This was not a constitutional question.
I’m wondering what the blackmail evidence is that the left has on Roberts.
On every major case before the court, he has turned into a complete bitch for the left.
“Yes DACA is illegal but you can’t just stop an illegal program you have to go through the proper administrative procedures.”
“Yes you have the legal right to add the citizenship question to the census. But we don’t like your reasoning behind why you want to add it.”
“The PPACA penalty is actually a tax and therefore totally legal.”
Probably a good thing Spineless Johnny Roberts DIDN’T take up any 2A cases, or we’d be turning in everything above a cap gun.
There is supposedly something fishy about the adoption of Robert’s two children from Ireland.
First, more than 70% of American support DACA. The 30% that don’t are assholes.
Second, this decision was not whether Trump could end DACA. The decision was whether DHS could end it without doing their necessary administrative obligations to determine the consequences and plan for them.
It was an admonishment of a government agency acting capriciously and arbitrarily and not conducting themselves in accordance with their lawful administrative obligations.
Third, Trump could end DACA. Still can. It was implemented by executive order. Trump has the power to end it with an executive order. He didn’t. Because he does not like to take the political responsibility for anything.
Instead he has Jeff Sessions issue a memo to the DHS secretary recommending it be ended, DHS then ended the program. Essentially a agency rescinded the executive order of a president.
You can see how that is a problem. Government agencies unilaterally rescinding executive orders.
Trump could have rescinded it himself or issued a new executive order negating it. There is little question he had the power to do so and the court would had no choice but to rule in his favor since they can’t rule on whether a president is acting prudently, only whether the president is acting constitutionally.
But he wanted someone else to take political responsibility because he does not take responsibility for anything. Ever.
So rather than rescinding it through* executive order he had a Sub agency due it unilaterally.
So if you want to blame anyone for why DACA was not ended. Then blame Trump.
He could literally end it right now. . All he has to do is have the political courage to take responsibility for the decision.
So he won’t.
DACA just motivate people to keep bringing kids illegally into the states.
Fuckin DACA mothefuckers need to take responsibility and blame what happened to them on their parents, who brought them illegally over the border.
They can go back to the country where their little birth certificate says they were born, and then do the legal paperwork and immigrate back here.
As long as they to put the blame where it belongs, on their parents, i have no sympathy for their illegal asses.
It took me fuxking 4 years just to get to the states, and then almost 10 to become a citizen.
They can do it too. The legal way.
That is false. DACA does not motivate people to keep bringing kids into the US. Only kids brought to the US prior to June 2012 were eligible. Many of them were not eligible unless they were in the US prior to 2007.
So claiming DACA encourages people to keep bringing their kids here makes about as much sense as claiming it encourages immigrants to invent time travel.
Every amnesty incentivizes further illegal immigration. It’s always sold as a “this is the last time”, but it’s not.
Very true, Ronald Reagan fell for that D-rat cheap trick in the 80’s and the PRoCA has steadily voted blue since.
You cretin, the smugglers have been telling border crossers for years that if you bring a kid, you are home free. And under the 0bama regime that was the reality. Why do you think illegals were bringing children that weren’t even related to them?
Real hard to keep reading when your position is so black and white. There are many reasons not to like DACA that don’t make one an asshole.
No. Really there isn’t. DACA is pretty fair and has a great deal of oversight.
Except perhaps that it was done through executive order rather than legislation. But the Trump administration has shown, and continuously argues, that the president has absolute authority to determine who can and can’t come into the country and who can and can’t stay.
And it appears they are closer to right than wrong on the issue. So DACA is likely constitutional as an executive order despite the opinion of a particularly onerous right wing judge.
Thus the only reason not to like DACA is that it protects dreamers. Which is an asshole reason to not like it,
Hey Lars, this is why you never actually persuade anyone here. You operate under the assumption that only assholes would disagree with your opinion. By this point, I think most people here have zero interest in what you except to attack it or use it to mock you.
Not on every issue.
But the idea that we should ship people who were brought here as children, who don’t know the language and have almost no connection to the culture of the country their parents are from, and often have US citizens children..out of the country…is an asshole idea.
Period.
The DACA children brought here should be rejoining their deported parents in their home country. If the parents are still here illegally, make it a family event by giving them all a free ride home.
Remember the 22 times Barrack Hussein said he couldn’t legally do DACA before he winged it through Executive Order with fingers crossed?
Now before you pop off and declare I am an asshole and anti-immigrant, in 1999 I petitioned “legally” the immigration of my niece and nephew, both infants, whom my wife and I attempted to adopt, and have been financially supporting their living and schooling expenses.
The nephew is now a Radiologic Technician (ultrasound thru MRI) working in a hospital. The niece is in the 2d year of a 4 year University program for Physical Therapy Assistant.
We finally received approval for their immigration application just 2 months ago and they are pending their interviews at the U.S. Embassy.
Thank you for the effort and the persistence. Please tell them I said “welcome to the US team”.
If 70% of the population favors you being disenfranchised or worse, still in favor of “majority rules” ?
The Constitution was set up to prevent oppression by “popular”.
You keep missing that point.
No.
But “that point” has zero to do with this discussion.
And, as it happens, the constitution has little to say about the SCOTUS decision either.
And you are not being oppressed by this decision.
To hell we aren’t! OUR tax dollars are being used to aid, abet and assist CRIMINALS who violated Federal Law by coming to the US ILLEGALLY, they are ILLEGAL ALIENS.
Well, then be pissed at Trump. He is the one that is too politically afraid to rescind DACA.
Jesus fuck you’re insane. He HAS rescinded it.
No he didn’t.
He flat didn’t.
You didn’t read anything I wrote above did you?
He could rescind DACA at any time through executive order but he does not want to take political responsibility for it.
I can’t even believe you had the gall to claim he did.
What the fuck?
Show me the executive order where he did?
He never did. Period. Because he never takes political responsibility for anything ever.
I bet you couldn’t make it even ONE DAY at many of the things I’ve done to make a living!
I did not mean to report your comment.
Smart phone, and fat fingers. Sorry
Assholes make up asspull numbers.
Why did you add the editorial? Wrecks your argument. Also allows others to return the favor, more accurately.
Those of us who oppose illegal immigration want to preserve American Liberty, law, culture, all the stuff newcomers rightly seek.
Assholes want to wreck all that stuff.
Ending the illegal flesh trade is moral and constitutional. For that is the root of the matter. I give not a fart for the popularity or polling numbers of abolition of the modern flesh trade.
We do not have majoritarian rule. We have a Constitutional Republic to restrain both the tyranny of one and the tyrrany of the mob.
The acceptance of illegal immigration is yet again the creation of yet another group meant to be a permanent and servile underclass, ripe for exploitation, as labor or as revolutionaries.
Exploitation by assholes.
Maybe they DID take a poll in say, downtown San Foo-foo and then parade it like they included Red State America in it? I wouldn’t put that past the media we have today!
The solution is simple. Just declare America an “Autonomous Zone”, set up some barriers, pass out a few AK-47’s to aspiring rappers to check ID’s in order to keep out the undesirables, and the problem is solved. Surely the Democrats would not have a problem with that.
Stop listening to Fox News bullshit. They are flat lying about what is happening in Seattle. They have even been forced to acknowledge using manipulated images.
No, YOU are lying. As usual. Stop listening to CNN, CNBC, MSNBC, ABC, NBC, CBS propaganda.
Google it yourself asshat.
Your “source” has had to issue three retractions or apologies on this single issue alone since this started,
One instance of a still image merged with another. Not the case with video of Raz the rapper asking if anyone over 18 knows how to use guns then passing out an AR-15 from the trunk of his Tesla. Then Raz pulls out his AK.
https://twitter.com/jason_howerton/status/1272651060738392067
How is this relevant?
And Fox used altered or misleading images three different times.
On their front news story about the Seattle autonomous zone, they used am image of a burning business and a rioter silhouetted against the fire… it was an image from Minneapolis from two weeks prior. Made it appear as though the autonomous zone was lawless and burning.
In another story they used an image of a broken window, of a business not in the autonomous zone. A business that had its window broken the week prior.
And the image of the guy with the AR they used more than once? Also not from the autonomous zone.
MY bet is that the little shits who take said rifles will shit themselves, drop them and run away at the first sign of trouble or conflict like the Marine Vet did with the little Antifa shit who stole a Police AR15!
The Seattle cops themselves have said Fox is lying.
NO, actually they haven’t said anything like that. And several independent reporters actually there, not miles and miles away from the site, confirm all that information. You lie again.
Nope. The cops released a statement.
https://www.cnn.com/2020/06/16/us/seattle-police-no-response-protest-zone/index.html
https://www.seattletimes.com/seattle-news/politics/fox-news-runs-digitally-altered-images-in-coverage-of-seattles-protests-capitol-hill-autonomous-zone/
Who is lying?
Where is all the violence and crime in the “cop free” autonomous zone?
Cope are literally two blocks away from any given point in the entire zone the entire time.
Fox News is full of shit and so are you.
Major Moonbat, I bet you say a Pledge of Allegiance to UC Berzerkely and its propaganda every day! I also deduct that you keep yourself in lockstep with their groupthink in order to gain praise and attention from them much like Nazi “Sturmabteilung” did in Germany in the 1930’s, I truly believe that you are that fanatical about what you screech, thus your projection toward those of us who dissent with you propaganda and dogma.
Supreme Activist Court at it again!
DJT should A. Jackson that isht and “let them try to enforce [their ruling]”.
I’m really, really, REALLY glad a prior administration’s rule, that is a lack enforcement of a law (read: illegal activity), is now written in stone.
Hey! Can Trump disband the ATF and tell the DOJ to force states to recognize Constitutional Carry?!?
And get rid of those PsOS Harrison and Federal Reserve Acts too.
You don’t understand this ruling at all.
Not surprised.
The fact that you threw in all that pro-authoritarian nonsense at the end just takes the cake.
“pro-authoritarian nonsense”….?!
For a Liberal Arts Major (sic) reading ain’t your strong suit.
We the people, ya turd, not ‘anyone that may help us out when we bend the rules for them’.
A President has to jump through procedural hoops to stop an illegal activity of the executive branch, because predecessor and passage of time?
Not hardly.
Also, very long standing settled law. Illegals have no standing to sue for residency or anything else.
So SCOTUS got it wrong.
Ex-PH2…Told you so! Told you so! He’s been wound up these last two days like a music box from back in the fifties. Watch for it; he’s fixin’ to find the shortest flight path he can, right to the bottom of the valley. Getting dark now and he needs Annie Lennox (or just somebody, anybody) to abuse him so he can sleep tonight. His Berkeley ejecashun really shines in his last month of outrage. His increasingly profanity-driven drivel tells me he is more likely a GED dropout. Clear to see he is close to the edge. Maybe you can talk him down gently. Maybe you can cook a two inch thick porterhouse without any source of heat. I’d bet on the latter one first.