Roberts joins the liberal wing of the court in upholding DACA

[AUDub 11,158]

Decision 5-4, with Chief Justice Roberts delivering the opinion of the Court. 

https://www.supremecourt.gov/opinions/19pdf/18-587_5ifl.pdf

[TitanTiger 20,499]

This should not have played out along conservative/liberal lines.

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9 minutes ago, TitanTiger said:

This should not have played out along conservative/liberal lines.

I'm still going through the dissent. 

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34 minutes ago, AUDub said:

I'm still going through the dissent. 

OK so the dissents boil down to either DACA being illegal on its face or that since it was an enacted by EO and not the legislative process (which is the proper channel for this, DREAM Act and such) that there's no issue with Trump rescinding the program. Can definitely sympathize with that.

The majority opinion is that the Trump administration can indeed end the program, but they jacked up the process. You can't go from A to C without checking box B. Sotomayor takes it a step further by pointing out the racial animus behind the decision to end the program in the first place.

In the end, we need a permanent legislative fix.

[AUDub 11,158]

Took them two sentences to lose me. Must be a new record. 

 

[TexasTiger 12,965]

6 hours ago, TitanTiger said:

This should not have played out along conservative/liberal lines.

That would have been 5-4 the other way.

[TitanTiger 20,499]

Just now, TexasTiger said:

That would have been 5-4 the other way.

I know, but it was still 4-4 with Roberts swinging the other way.  I'm just saying, I don't think it should have been this close.

[TexasTiger 12,965]

3 hours ago, TitanTiger said:

I know, but it was still 4-4 with Roberts swinging the other way.  I'm just saying, I don't think it should have been this close.

I agree with that. But the bigger failure is that Congress can’t fix this.

[SaltyTiger 7,825]

36 minutes ago, TexasTiger said:

I agree with that. But the bigger failure is that Congress can’t fix this.

"You are so right Tex". A thing that everyone should demand "fixing".

Roberts' opinion for the court was a narrow but powerful rejection of the way the Trump administration went about trying to abolish the program known as Deferred Action for Childhood Arrivals, or DACA.

"We do not decide whether DACA or its rescission are sound policies," Roberts wrote. "The wisdom of those decisions is none of our concern. Here we address only whether the Administration complied with the procedural requirements in the law that insist on 'a reasoned explanation for its action.' "

[DKW 86 7,431]

23 hours ago, AUDub said:

OK so the dissents boil down to either DACA being illegal on its face or that since it was an enacted by EO and not the legislative process (which is the proper channel for this, DREAM Act and such) that there's no issue with Trump rescinding the program. Can definitely sympathize with that.

The majority opinion is that the Trump administration can indeed end the program, but they jacked up the process. You can't go from A to C without checking box B. Sotomayor takes it a step further by pointing out the racial animus behind the decision to end the program in the first place.

In the end, we need a permanent legislative fix.

Makes Perfect Sense. If it had been Congressionally enacted, I hope it would have been a 6-3.

That the Trump Administration screwed up the process, well color me shocked...not.

[homersapien 11,395]

19 hours ago, AUDub said:

Took them two sentences to lose me. Must be a new record. 

 

Sounds to me like he's saying the "closure" DACAs "deserve" is to be deported.

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23 minutes ago, homersapien said:

Sounds to me like he's saying the "closure" DACAs "deserve" is to be deported.

 

[AUFriction 1,179]

2 hours ago, DKW 86 said:

Makes Perfect Sense. If it had been Congressionally enacted, I hope it would have been a 6-3.

That the Trump Administration screwed up the process, well color me shocked...not.

I think it would have been even more spread if the issue was over a bill in Congress versus an executive order. The last 3 presidents have overused executive orders to try to create policy, but that isn’t their job. Policy is created in congress. The president’s role in law making is only in signing bills into law. Most of their job is supposed to be execution.. directing federal agencies on how to roll out new laws. 
In the case of DACA, I support the premise of the policy. The issue is that it was created under an executive order rather than a law, which makes it legally questionable. As such, Trump should legally have the power to reverse it. Aside from Kavenaugh and Thomas, the conservative justices have a tendency to vote completely on the principle of legality, while the current liberal justices, as well as the conservative justices Thomas and Kavenaugh, tend to vote with politics in mind. Had DACA been a law created in congress, more of the conservative justices would have voted for it to remain in place because there would have been no question in its legality.
 

It should also be noted that congress needs to act soon here. The ruling more or less stated that there was potentially a justification for reversing DACA that would stand, but that Trump failed to make that argument. If (and probably when) this ends up in the Supreme Court again, it will likely be reversed.

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5 hours ago, AUFriction said:

I think it would have been even more spread if the issue was over a bill in Congress versus an executive order. The last 3 presidents have overused executive orders to try to create policy, but that isn’t their job. Policy is created in congress. The president’s role in law making is only in signing bills into law. Most of their job is supposed to be execution.. directing federal agencies on how to roll out new laws. 
In the case of DACA, I support the premise of the policy. The issue is that it was created under an executive order rather than a law, which makes it legally questionable. As such, Trump should legally have the power to reverse it. Aside from Kavenaugh and Thomas, the conservative justices have a tendency to vote completely on the principle of legality, while the current liberal justices, as well as the conservative justices Thomas and Kavenaugh, tend to vote with politics in mind. Had DACA been a law created in congress, more of the conservative justices would have voted for it to remain in place because there would have been no question in its legality.
 

Think is probably should have been 9-0 in favor of not rescinding because of the procedural violation. Nobody argued that Trump couldn't get rid of DACA, only that he didn't follow the necessary process, which is true. While I said I can sympathize with the dissents, I definitely don't agree with them. 

5 hours ago, AUFriction said:

It should also be noted that congress needs to act soon here. The ruling more or less stated that there was potentially a justification for reversing DACA that would stand, but that Trump failed to make that argument. If (and probably when) this ends up in the Supreme Court again, it will likely be reversed.

Don't think Trump has the political will to do it properly before election time, so basically Trump re-election=no more DACA.

Again, permanent legislative fix needed.