SCOTUS kicks…
…the DACA can back:
Under a lower court order that remains in effect, the Department of Homeland Security must continue to accept renewal applications from the roughly 700,000 young people who are currently enrolled in the program, known as DACA. The administration had intended to shut the program down by March 5, but that deadline is now largely meaningless.
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 press and the Democrats have framed this as a defeat for Trump, which ignores this:
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 and bypass the federal appeals courts, and those case usually involve a national emergency, such as nationwide strikes in the steel and coal industries.
In asking the court to take the case, the Justice Department took another unusual step in declining to ask the justices to block the lower court order in the meantime, which would have allowed the government to shut DACA down as planned. Such a start-and-stop approach, the government said, would frustrate the goal of winding the program down in an orderly way.
So this is SCOTUS business-as-usual.
I’m just a simple small-town tax lawyer, and don’t understand such high-falutin’ Constitutional law stuff, so could somebody explain to me where a federal district judge gets the power to order a President to continue a program initiated by Executive Order — not statute or regulation — of his predecessor? A fortiori when 1) another federal district judge has ruled the program is unconstitutional, and 2) the President referred the issue to the Legislative Branch.
I am so confused. Didn’t the SCOTUS decide that the previous POTUS’s DACA order was unconstitutional? If so, then why do the courts have to decide again if the current POTUS can be allowed to end it?
Legally, the issue is a simple and straightforward one.
Do I detect a reluctance on the part of some justices, before neccessity forces it upon them, to reveal an unfitness for the office they hold?
Obviously, people need more bribes and more palm greased.