Jump to content
Sign in to follow this  
retrofade

US appeals court rules against Trump over DACA cancellation

Recommended Posts

Quote

A U.S. appeals court has ruled that President Trump’s decision to rescind the Deferred Action for Childhood Arrivals (DACA) program is likely unlawful.

The decision from the 9th Circuit Court of Appeals blocks Trump from terminating DACA protections for undocumented immigrants who came to the U.S. as children, upholding a lower court’s decision.

The ruling comes in response to a challenge from several individual DACA recipients; the states of California, Maine, Maryland and Minnesota; and the University of California regents.

The court said it has concluded that the acting secretary of Homeland Security was wrong to conclude that the policy was illegal and therefore not subject to the court’s review.

“The government may not simultaneously both assert that its actions are legally compelled, based on its interpretation of the law, and avoid review of that assertion by the judicial branch, whose ‘province and duty’ it is to say what the law is,” Judge Kim McLane Wardlaw said.

https://thehill.com/homenews/administration/415748-us-appeals-court-rules-against-trump-over-daca-cancellation

Share this post


Link to post
Share on other sites
2 minutes ago, retrofade said:

 

This is so predictable.

Democrats challenge a Trump policy in the 9th Circuit Court of Appeals (liberal west coast), who overturns Trump's policy.   (wonder why the 9th circuit all the time?.....yac yac yac).

Then it will be appealed to the Supreme Court for the real decision. 

Republicans now own the Supreme Court.

  • Like 1

Share this post


Link to post
Share on other sites

Biography of the Judge Kim McLane Wardlaw.

Color me shocked.

 

https://en.wikipedia.org/wiki/Kim_McLane_Wardlaw

Political campaigning[edit]

Wardlaw volunteered for Bill Clinton's presidential campaign in California during the 1991–1992 election season, and later served on the Clinton-Gore presidential transition team, working with the United States Department of Justice.[4] She was an elected delegate from the California's 27th congressional district to the 1992 Democratic National Convention. In 1993, Wardlaw served on the Executive Committee on Debate Preparation for Richard Riordan's campaign for Mayor of Los Angeles.[4] After volunteering for Riordan's successful campaign, she worked as his Government Liaison during the mayoral transition.[4]

Share this post


Link to post
Share on other sites

Didn't President Obama implement DACA through Executive Order? And if so, why can't another President over ride it with another Executive order? This seems like a case of Judicial overreach to me. If I'm wrong please correct me.

Share this post


Link to post
Share on other sites
15 minutes ago, sean327 said:

Didn't President Obama implement DACA through Executive Order? And if so, why can't another President over ride it with another Executive order? This seems like a case of Judicial overreach to me. If I'm wrong please correct me.

From my understanding the court isn't saying they are not allowed to over turn it with executive order. They ruled that the way they went about it and the reasonings gave were arbitrary and capricious thus illegal.

  • Like 1

Share this post


Link to post
Share on other sites
20 minutes ago, sean327 said:

Didn't President Obama implement DACA through Executive Order? And if so, why can't another President over ride it with another Executive order? This seems like a case of Judicial overreach to me. If I'm wrong please correct me.

Not out of the 9th.  They're solid!

Share this post


Link to post
Share on other sites
36 minutes ago, sean327 said:

Didn't President Obama implement DACA through Executive Order? And if so, why can't another President over ride it with another Executive order? This seems like a case of Judicial overreach to me. If I'm wrong please correct me.

This is one of those great examples where Democrats pretend its unconstitutional for Trump to make Executive Orders, but they had no problem when Obama did it.  Proving once again that something being "Constitutional" or not means very little.  

Here's what I THINK the court should rule - Have DACA expire say Dec. 31 2019 and FORCE Congress to do their damn job! 

  • Like 1

Share this post


Link to post
Share on other sites
23 minutes ago, pokerider said:

This is one of those great examples where Democrats pretend its unconstitutional for Trump to make Executive Orders, but they had no problem when Obama did it.  Proving once again that something being "Constitutional" or not means very little.  

Here's what I THINK the court should rule - Have DACA expire say Dec. 31 2019 and FORCE Congress to do their damn job! 

If the voters can't force Congress to do their job, no one can. :shrug:

Share this post


Link to post
Share on other sites
1 hour ago, #1Stunner said:

 

This is so predictable.

Democrats challenge a Trump policy in the 9th Circuit Court of Appeals (liberal west coast), who overturns Trump's policy.   (wonder why the 9th circuit all the time?.....yac yac yac).

Then it will be appealed to the Supreme Court for the real decision. 

Republicans now own the Supreme Court.

The decision ism predictable but not for the reasons you claim.  Here is where you can read the decision, something I have no doubt you failed to do: http://cdn.ca9.uscourts.gov/datastore/general/2018/11/08/18-15068 Opinion.pdf

Have you ever heard of the concept of detrimental reliance?

(I apologize for the bold text.  Don't know how to turn off the bold.  Don't know how it got started.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Recently Browsing   0 members

    No registered users viewing this page.

×