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re: DACA reaches the Supreme Court

Posted on 11/12/19 at 7:47 am to
Posted by Oddibe
Close to some, further from others
Member since Sep 2015
6749 posts
Posted on 11/12/19 at 7:47 am to
quote:

A sitting President can either rescind the EO of a previous President, or he cannot.
How this even got to the Supreme Court blows my mind. I’m not a legal scholar at all but I have enough common sense to know if one President does something by EO the next President can certainly override it.

Every judge that upheld DACA during this process should be replaced immediately for incompetence.
Posted by DiamondDog
Louisiana
Member since Nov 2019
13229 posts
Posted on 11/12/19 at 7:47 am to
I can’t wait to see how Chief Von Screw Nut will screw the American people next
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
63381 posts
Posted on 11/12/19 at 7:48 am to
quote:

This should be a slam dunk... Are they hearing the content of the EO or just the authority to impose and undo an EO?


They'll twist it some way to justify upholding the EO.
Posted by VoxDawg
Glory, Glory
Member since Sep 2012
77463 posts
Posted on 11/12/19 at 7:58 am to
It's win-win for DJT:

If DACA is a legal EO, then one POTUS can rescind a previously-issued EO.

If it's unconstitutional (hint: it is), then DACA is DOA.

Pull the records of the DACA 'kids' and see who's already applied for citizenship since aging out of the system. Let those proactive ones to the table. Everybody else can frick off.
Posted by saints5021
Louisiana
Member since Jul 2010
19522 posts
Posted on 11/12/19 at 8:17 am to
This is a win/win for Trump. If they find in his favor, as they should, he gets DACA rescinded. If they find against him, it means all of his executive orders are basically law and cannot be overturned by the next president. So essentially, he could spend everyday the next 5 years writing executive orders to reshape America however he wants.
Posted by GeeOH
Louisiana
Member since Dec 2013
13376 posts
Posted on 11/12/19 at 8:19 am to
quote:

Justice Roberts will let us down.


He may think so....but trump will then slap 100 EO's on everything, which is now decided the next president wouldnt be able to end.

Win win for us, IMO
Posted by udtiger
Over your left shoulder
Member since Nov 2006
115208 posts
Posted on 11/12/19 at 8:37 am to
quote:

This is a win/win for Trump. If they find in his favor, as they should, he gets DACA rescinded. If they find against him, it means all of his executive orders are basically law and cannot be overturned by the next president. So essentially, he could spend everyday the next 5 years writing executive orders to reshape America however he wants.


This should be one of the arguments presented today. Essentially a threat.
Posted by cave canem
pullarius dominus
Member since Oct 2012
12186 posts
Posted on 11/12/19 at 8:40 am to
quote:

The vote SHOULD be 9-0



I think they will
Posted by OmniPundit
Florida
Member since Sep 2018
1440 posts
Posted on 11/12/19 at 9:40 am to
Other than Roberts, the court will almost certainly be 4-4 on the case, so whichever way Roberts goes, the court will go.

Roberts is NOT a boat rocker. He showed that in spades on the Obama care decision. DACA will be law of the land.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
115208 posts
Posted on 11/12/19 at 9:42 am to
quote:

Roberts is NOT a boat rocker. He showed that in spades on the Obama care decision. DACA will be law of the land.


Then in the stoke of a pen, he will have rendered his Court and Congress meaningless.
Posted by teke184
Zachary, LA
Member since Jan 2007
103884 posts
Posted on 11/12/19 at 9:42 am to
Someone please explain how Mexico filing an amicus brief in favor of keeping DACA in place is actually something which will help that happen.

IMHO, it is proof positive that Mexico is dumping these assholes on us.
Posted by Dale51
Member since Oct 2016
32378 posts
Posted on 11/12/19 at 9:43 am to
quote:

A sitting President can either rescind the EO of a previous President, or he cannot.

A sitting President can either make immutable law without Congress, or he cannot.

It's as simple as that.


That^
How did it even make it this far??
Posted by BlackAdam
Member since Jan 2016
7171 posts
Posted on 11/12/19 at 9:46 am to
quote:

This is a win/win for Trump. If they find in his favor, as they should, he gets DACA rescinded. If they find against him, it means all of his executive orders are basically law and cannot be overturned by the next president. So essentially, he could spend everyday the next 5 years writing executive orders to reshape America however he wants.


It can be a win/win for everyone if TDS can just get out of the way. Trump's issue with DACA is that the EO was unconstitutional overreach from Obama. He told the Dims he would sign a program like DACA into law if they passed it. They have not even tried. They just called him racist.
Posted by Dale51
Member since Oct 2016
32378 posts
Posted on 11/12/19 at 9:50 am to
quote:

List heard the CBS reporter say that Trump needs to explain his opposition to DACA and he could rescind it.


Judge Nap was on Fox pleading the lib case by saying that 80% of the American people do not want to see them deported.
Posted by JackieTreehorn
Member since Sep 2013
35576 posts
Posted on 11/12/19 at 9:53 am to
Justice Roberts is a disaster
Posted by Dale51
Member since Oct 2016
32378 posts
Posted on 11/12/19 at 9:54 am to
quote:

What can be done by EO can obviously be undone by EO, can it not? I mean, how could it be any simpler than that?


Exactly that. How did it even get this far??
Has any other EO change by a new POTUS ever been questioned to the point of making a SCOTUS case over it??
Posted by dafif
Member since Jan 2019
8404 posts
Posted on 11/12/19 at 10:08 am to
Ok, I read a lengthy dissertation on this issue. As I interpret the explanation there are 3 possible outcomes all of which focus on the very old Administrative Procedures Act.

First outcome is the court can find that Trump did not follow the Act as it relates to an explanation prior to either entering or rescinding an EO. Some say that there is a writing that supports his position and the court can say that is enough. Otherwise, Trump loses but can revisit and provide an explanation.

Second outcome is court find that the prior explanation is enough to rescind DACA and keep the EO stream going for the president and future presidents. (From what I hear, this is the likely outcome).

Third outcome is that the Court finds that DACA EO was illegal when done (Trump administration position) and that would preclude all future presidents from writing illegal orders. (Given Roberts position, the paper seems to think this outcome also unlikely).

Easy way out is for the court to just say the reasoning for DACA EO rescinding was ok as written and can be executed by Trump. Pretty much a one off as I predict but hoping for full blown finding of illegal prior EO
Posted by GumboPot
Member since Mar 2009
140573 posts
Posted on 11/12/19 at 10:09 am to
quote:

The program legality will depend on how “ LINKPseudo-conservative” Robert votes


There won't be a ruling until summer of 2020. Just in time for the election.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
115208 posts
Posted on 11/12/19 at 3:33 pm to
Holy shite! This gem is from oral argument today courtesy of the wise Latina (per Daily Caller LINK ):

“Where is all of this really considered and weighed?” she added. “Where is the political decision made clearly, that this is not about the law, this is about our choice to destroy lives.”
Posted by dafif
Member since Jan 2019
8404 posts
Posted on 11/12/19 at 7:50 pm to
Seems like she is using my #1 above, save daca on a technicality that the administration did not detail all the reasons for ending it.

I hope that forces #3 above, that the eo from obama was illegal.
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