BREAKING: US Supreme Court declines to immediately take up DACA case, despite Trump admin. request. pic.twitter.com/9XYDvlIniF
— MSNBC (@MSNBC) February 26, 2018
As Obama the ‘Constitutional scholar’ himself argued, he didn’t have the right to set this up, so the lower court judge is wrong. He claims Obama did have the right. But if that’s the case, then Trump has just as much right to end it. This doesn’t mean SCOTUS wouldn’t ultimately look at it. It just means that they want it to go through the Clourt of Appeals and not skip that step first.
Via Bloomberg:
The U.S. Supreme Court rejected a Trump administration appeal aimed at ending deportation protections for young undocumented immigrants, steering clear for now of the debate over the fate of hundreds of thousands of people.
The justices, without published dissent, turned away the administration’s appeal of a ruling that has kept the Obama-era program in place. The rejection buys time for the so-called dreamers even as Congress has been unable to agree on legislation to give them permanent protection. The Senate earlier this month blocked three proposals that would have shielded the dreamers.
The administration was asking the Supreme Court to take the unusual step of bypassing an appeals court and granting fast-track review of a federal trial judge’s decision. The court’s rebuff leaves open the possibility that the justices could consider the case later, after a San Francisco-based federal appeals court hears it.
“It is assumed that the Court of Appeals will proceed expeditiously to decide this case,” the Supreme Court said in its two-sentence order.
Justice Department spokesman Devin O’Malley said in a statement that while the justices rarely agree to bypass an appeals court, the government thought it was warranted following the lower court order requiring the Department of Homeland Security to maintain protections for dreamers.
“We will continue to defend DHS’s lawful authority to wind down DACA in an orderly manner,” he said, referring to the Deferred Action for Childhood Arrivals program.
