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Thread: Trump can’t end DACA, appeals court panel says, setting up Supreme Court fight

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    Trump can’t end DACA, appeals court panel says, setting up Supreme Court fight

    https://www.washingtonpost.com/polit...ge%2Fstory-ans

    “To be clear: we do not hold that DACA could not be rescinded as an exercise of executive branch discretion,” wrote Judge Kim McLane Wardlaw. “We hold only that here, where the executive did not make a discretionary choice to end DACA—but rather acted based on an erroneous view of what the law required—the rescission was arbitrary and capricious under settled law.”

    “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,’” Wardlaw wrote, borrowing the language of the landmark Marbury v. Madison decision.
    Off to SCOTUS- Wonder when they will hear the case?
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    Re: Trump can’t end DACA, appeals court panel says, setting up Supreme Court fight

    Quote Originally Posted by JANFU View Post
    https://www.washingtonpost.com/polit...ge%2Fstory-ans


    Off to SCOTUS- Wonder when they will hear the case?
    Just as Trump explained to the media yesterday.
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    Re: Trump can’t end DACA, appeals court panel says, setting up Supreme Court fight

    Quote Originally Posted by JANFU View Post
    https://www.washingtonpost.com/polit...ge%2Fstory-ans


    Off to SCOTUS- Wonder when they will hear the case?
    The conventional wisdom is that SCOTUS pretty much has no choice, they have to hear this.
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    Re: Trump can’t end DACA, appeals court panel says, setting up Supreme Court fight

    DACA was created as an exercise of executive branch discretion and now decided that some how the executive missed applied the law.
    This is a slam dunk for the Supreme court. The lower court will be over ruled.
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    Re: Trump can’t end DACA, appeals court panel says, setting up Supreme Court fight

    Quote Originally Posted by Common Sense 1 View Post
    DACA was created as an exercise of executive branch discretion and now decided that some how the executive missed applied the law.
    This is a slam dunk for the Supreme court. The lower court will be over ruled.
    It's more complicated than "executive action made it so executive action can do anything to it for any reason."
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    Re: Trump can’t end DACA, appeals court panel says, setting up Supreme Court fight

    Quote Originally Posted by Deuce View Post
    It's more complicated than "executive action made it so executive action can do anything to it for any reason."
    This is from the same crowd that blames no president rescinding EO11246 on Jews, women, and blacks running the country.

    They really don't get that the president's office doesn't get to create an EO and then decide that it's irrelevant a week later.



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