DOJ makes pitch for immediate SCOTUS review of DACA
FEBRUARY 8, 2018 / 8:40 PM / UPDATED 2 HOURS AGO
Alison Frankel
(Reuters) - Next week, the U.S. Supreme Court will conference on the Justice Department’s petition requesting review of a preliminary injunction ruling that keeps in place the Obama-era Deferred Action for Childhood Arrivals policy. It’s easy to forget .. just how extraordinary the .. petition is. The Trump administration is asking the Supreme Court to .. grant relief the justices have eschewed for nearly 30 years.
DOJ wants the Supreme Court to decide the merits of its plan to rescind the DACA program .. even though no federal appellate court has reviewed the question. The Justice Department’s petition for review addresses a Jan. 9 preliminary injunction from U.S. District Judge William Alsup of San Francisco, who ordered the Trump administration to leave the DACA program in place instead of ending it on March 5 ... The 9th U.S. Circuit Court of Appeals has expedited briefing from both sides on the injunction and a subsequent ruling on the government’s motion to dismiss the case but it hasn’t heard arguments ...
The Justice Department contends .. that the Supreme Court should not wait for the 9th Circuit .. to issue a decision but should intervene immediately ... The judge found both that the Department of Homeland Security’s determination to rescind DACA is reviewable by the courts and that it is likely to found arbitrary and capricious under the Administrative Procedure Act. DOJ believes Alsup should be overturned ...
The Justice Department’s .. response to .. Alsup’s injunction belies its protestations of an emergency ... The government did not ask for a stay of the decision, so it cannot credibly claim imminent harm ... "The requirement that federal agencies litigate such arguments before Article III courts is a basic aspect of our constitutional structure, and so is not a valid 'institutional injury'" ...
https://www.reuters.com/article/legal-us-otc-daca/doj-makes-last-pitch-for-immediate-scotus-review-of-daca-idUSKBN1FT08B
