On Monday, the right-leaning Supreme Court ruled against President Donald Trump’s bid to end the Obama Administration’s Deferred Action for Childhood Arrivals (DACA) program.
“Chief Justice John Roberts wrote for a 5-4 majority, joining the court’s four Democratic-appointed justices,” the Daily Caller reports. “The decision was announced just over eight years to the day that former President Barack Obama launched the program, which he said at the time would be “temporary” program. The program has shielded roughly 800,000 illegal immigrants from deportation.”
The decision by President Trump to end DACA was made in 2017 however the program was kept in place by lower courts for the time since then.
According to the Supreme Court, President Trump and his administration violated the Administrative Procedure Act when ending DACA.
“The dispute before the Court is not whether DHS may rescind DACA. All parties agree that it may,” Roberts wrote. “The dispute is instead primarily about the procedure the agency followed in doing so.”
“We do not decide whether DACA or its rescission are sound policies,” Roberts added. ” We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action. Here the agency failed to consider the conspicuous issues of whether to retain forbearance and what if anything to do about the hardship to DACA recipients. That dual failure raises doubts about whether the agency appreciated the scope of its discretion or exercised that discretion in a reasonable manner. The appropriate recourse is therefore to remand to DHS so that it may consider the problem anew.”
Supreme Court Justice Clarence Thomas shot back when writing his Samuel Alito’s and Neil Gorsuch’s dissent. Supreme Court Justice Brett Kavanaugh wrote a dissent of his own.
“Under the auspices of today’s decision, administrations can bind their successors by unlawfully adopting significant legal changes through Executive Branch agency memoranda.” Thomas said. “Today’s decision must be recognized for what it is: an effort to avoid a politically controversial but legally correct decision.”
It didn’t take long for President Trump to weigh in on the decision.
“These horrible & politically charged decisions coming out of the Supreme Court are shotgun blasts into the face of people that are proud to call themselves Republicans or Conservatives,” President Trump tweeted. “We need more Justices or we will lose our 2nd. Amendment & everything else. Vote Trump 2020!”
Thanks to our friends at Trending Politics for this piece.