Drudge Retort: The Other Side of the News
Monday, February 26, 2018

In a major setback for the Trump administration, the Supreme Court on Monday declined to take up a lawsuit over the future of an Obama-era program that protects so-called Dreamers from deportation. The decision all but ensures that the Deferred Action for Childhood Arrivals program will remain in effect for recipients after the March 5 deadline originally set by the White House. It also takes some of the pressure off Congress to act to pass its own legislation to protect young undocumented immigrants who came to the U.S. as children, something lawmakers have repeatedly failed to do. Several lawsuits filed in the Northern District of California were consolidated into one and resulted in the first nationwide, preliminary injunction barring the Trump administration from ending the DACA program while the lawsuit proceeds.





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So, the law is clear enough that not even this court wants to touch it. Nice.

#1 | Posted by Corky at 2018-02-26 01:38 PM | Reply

Not a surprise, the Supreme Court hasn't accepted an emergency administrative appeal in 30 years. The Supremes did direct the 9th Cir. to expedite the process, so that means that the Court of Appeals should hear it by this summer, with a decision by early fall.

At that point, I expect the SCOTUS to take it up on appeal if Congress hasn't passed legislation.

#2 | Posted by Rightocenter at 2018-02-26 01:42 PM | Reply


That is not what this ruling means by any stretch of the imagination.

#3 | Posted by Rightocenter at 2018-02-26 01:42 PM | Reply

From NBC News:

The U.S. Supreme Court on Monday declined to hear the Trump administration's appeal of a federal district judge's ruling that requires the government to keep the Deferred Action for Childhood Arrivals program going.

In a brief order, the court said simply, "It is assumed the court of appeals will act expeditiously to decide this case."

Monday's denial also gives Congress more time to come up with a legislative solution, though repeated bipartisan efforts have failed so far.

The Supreme Court's denial Monday was expected, because the justices rarely accept appeals asking them to bypass the lower courts.

The Supreme Court has agreed only about a dozen times in the past century to immediately take a case from a district court and bypass the federal appeals courts, and those case usually involve a national emergency, such as nationwide strikes in the steel and coal industries.

Monday's action by the Supreme Court leaves the DACA challenge pending before the California appeals court, where it is in the early stages.

If Congress acts in the meantime to extend the program or provide an alternative path to citizenship for its recipients, the legal case would probably be dismissed.

Given the scrutiny on this it is fair to assume that the 9th Circuit will try to move this forward as quickly as it can.

#4 | Posted by Rightocenter at 2018-02-26 01:50 PM | Reply

Here's what I don't understand about the lower courts' rulings.

The E.O. (actually, I think it was an E.M. but that's a distinction, not a difference) has a sunset provision written into it.

So, can Trump just do nothing and allow it to expire as written by his predecessor, or are 2 judges attempting to compel POTUS to take a policy action?

Et al? Anyone?

#5 | Posted by JeffJ at 2018-02-26 01:55 PM | Reply

The SC did not rule on it.

#6 | Posted by Sniper at 2018-02-26 05:01 PM | Reply

The SC did not rule on it.

Very goo, sniper. Even more to the point, they refused to rule on it (now) mostly because "It is assumed the court of appeals will act expeditiously to decide this case." Hence, in their view, there's no need to take up the case...yet.

#7 | Posted by rstybeach11 at 2018-02-26 05:14 PM | Reply

"Very goo, sniper."

If it was from snippy it was very much "goo goo".

#8 | Posted by donnerboy at 2018-02-26 05:45 PM | Reply

This discussion has moved.

#9 | Posted by retort at 2018-02-26 07:49 PM | Reply

Comments are closed for this entry.

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