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Thu Nov 8, 2018, 02:47 PM

UPDATE: Trump can't end DACA, appeals court panel says, setting up Supreme Court fight

Source: Washington Post

A federal appeals court ruled Thursday that President Trump cannot immediately end the so-called “dreamers act” that shields from deportation young immigrants who were brought to the country illegally as children. The unanimous decision by a three-judge panel of the U.S. Court of Appeals for the 9th Circuit makes it more likely that the Supreme Court will settle the question. The Trump administration already has asked the justices to move quickly to add it to the docket for this term.

The Deferred Action for Childhood Arrivals program was begun in 2012 by President Barack Obama, and has protected nearly 700,000 people brought to this country as children.

The Trump administration moved to end the program in 2017 after Texas and other states threatened to sue to force an end to the program. Then-attorney general Jeff Sessions advised the Department of Homeland Security to end the program, saying it was likely unlawful, and that it could not be defended in court. But a number of courts around the country have ruled the administration’s reasoning was incorrect, and kept the program in place. Like the other courts, the panel did not question the administration’s power, but faulted its approach.

“To be clear: we do not hold that DACA could not be rescinded as an exercise of executive branch discretion,” wrote Judge Kim McLane Wardlaw. “We hold only that here, where the executive did not make a discretionary choice to end DACA—but rather acted based on an erroneous view of what the law required—the rescission was arbitrary and capricious under settled law.”

Read more: https://www.washingtonpost.com/politics/courts_law/trump-cant-end-daca-appeals-court-says-setting-up-supreme-court-fight/2018/11/08/4a76f928-e386-11e8-ab2c-b31dcd53ca6b_story.html



Original title and article -

Appeals court panel says Trump administration can't end DACA, setting up Supreme Court fight

By Washington Post Staff
November 8 at 2:44 PM

A three-judge panel of the U.S. Court of Appeals for the 9th Circuit ruled Thursday that the Trump administration relied on faulty legal reasoning in trying to end the Obama-era program allowing some immigrants brought to the country illegally as children to gain legal status.

The decision, echoing other courts, virtually ensures that the question will end up before the Supreme Court.

This is a developing story. It will be updated.

https://www.washingtonpost.com/news/politics/wp/2018/11/08/appeals-court-panel-says-trump-administration-cant-end-daca-setting-up-supreme-court-fight/?utm_term=.3013a63a7b4f

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Reply UPDATE: Trump can't end DACA, appeals court panel says, setting up Supreme Court fight (Original post)
BumRushDaShow Nov 8 OP
totodeinhere Nov 8 #1
BumRushDaShow Nov 8 #2
laserhaas Nov 8 #3
BumRushDaShow Nov 9 #4
laserhaas Nov 9 #5

Response to BumRushDaShow (Original post)

Thu Nov 8, 2018, 03:10 PM

1. Worried about what the five vote conservative majority on the SCOTUS will do with this.

And with the Repugs continuing to control the Senate it will only get worse as Drump nominates more conservative extremists to the courts.

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Response to totodeinhere (Reply #1)

Thu Nov 8, 2018, 03:16 PM

2. Yeah... WaPo added more info so I updated the OP excerpt and the opinion says

that their ruling was not suggesting that DACA can't be "ended", just that the government's argument for ending it was "arbitrary and capricious", and the reasons apparently did not reflect what the program was actually about.

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Response to BumRushDaShow (Original post)

Thu Nov 8, 2018, 09:33 PM

3. Though the GOP has rigged SCOTUS - I'M yelling YAY!

This is a battle we need to see



.

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Response to laserhaas (Reply #3)

Fri Nov 9, 2018, 05:25 AM

4. I think the other side forgets that Obama was a Constitutional lawyer

who also taught Constitutional law, and who is not their fictitious "Kenyan, 'Muslin' (sic), commie, fascist, socialist, terrorist n-word".

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Response to BumRushDaShow (Reply #4)

Fri Nov 9, 2018, 06:30 PM

5. Exactly! - They went after the non white POTUS - Ruthlessly

Not a single indictment; because Obama was too sharpm

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