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re: SCOTUS declines to hear DACA appeal

Posted on 2/26/18 at 10:06 am to
Posted by LSUTigersVCURams
Member since Jul 2014
21940 posts
Posted on 2/26/18 at 10:06 am to
This is real news because the DOJ very stupidly appealed directly to SCOTUS. Should have appealed to 9th Circuit and then to SCOTUS for a guaranteed easy WIN. Sad!
Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
42644 posts
Posted on 2/26/18 at 10:08 am to
So - an executive order from one POTUS is forever?? even if it itself was unconstitutional??

Trump needs to let the damn thing expire - then just start deporting them - simple as that.
Posted by TerryDawg03
The Deep South
Member since Dec 2012
15737 posts
Posted on 2/26/18 at 10:11 am to
quote:

They didn't rule on it but chose not to hear it.


This is key.

What was their reason for declining?

SIAP, at work and can’t search right now.
Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
42644 posts
Posted on 2/26/18 at 10:12 am to
quote:

Not being in the legal field maybe someone else can educate me but this would seem a prime candidate for the ussc as the issue deals with the abilities of the executive/executive orders and not just the political issue at hand? Has far reaching implications not just to this issue


this is what my logical mind cannot escape.

Why the hell are they going to let it simmer in appeals courts - knowing its going to come right back to them from one side or the other.

This shite needs to be cleared up ASAP
Posted by hogcard1964
Illinois
Member since Jan 2017
10477 posts
Posted on 2/26/18 at 10:34 am to
Not understanding this at all.

If they do nothing, the leeches are still deported on March 6th, correct?

There's no way a lower court can write an appeal of the original order now, correct?

I can't fathom how this is good if the SCOTUS has chose not to hear this.

Can anyone clarify?
Posted by LSUTigersVCURams
Member since Jul 2014
21940 posts
Posted on 2/26/18 at 10:44 am to
No, they're not deported on march 6th. There is an injunction (meaning status quo stays in place basically) until the litigation is over. This is a very small deal that the media is blowing up into a big deal because it's perceived as a loss for Trump. But really it's very normal.
Posted by hogcard1964
Illinois
Member since Jan 2017
10477 posts
Posted on 2/26/18 at 10:50 am to
Not good.
Posted by gthog61
Irving, TX
Member since Nov 2009
71001 posts
Posted on 2/26/18 at 10:56 am to
What a stupid ruling

Maybe they will get the union one correct
Posted by Loserman
Member since Sep 2007
21920 posts
Posted on 2/26/18 at 11:03 am to
quote:

They didn't rule on it but chose not to hear it.


Which makes the lower court ruling effectively law.

I hate John Roberts more every day
Posted by Loserman
Member since Sep 2007
21920 posts
Posted on 2/26/18 at 11:05 am to
quote:

Trump should ignore it.


He absolutely should!

He should do just like Andrew Jackson did...

"John Marshall has made his decision: now let him enforce it!"
Posted by LSUTigersVCURams
Member since Jul 2014
21940 posts
Posted on 2/26/18 at 11:08 am to
quote:

Which makes the lower court ruling effectively law. 


It's just a temporary injunction. Those DACA babies are still going to get deported if Congress doesn't do anything. It's just goint to take a little longer.
This post was edited on 2/26/18 at 11:09 am
Posted by hogcard1964
Illinois
Member since Jan 2017
10477 posts
Posted on 2/26/18 at 11:09 am to
quote:

Which makes the lower court ruling effectively law. I hate John Roberts more every day


He's not a good person.
Posted by Cruiserhog
Little Rock
Member since Apr 2008
10460 posts
Posted on 2/26/18 at 11:09 am to
quote:

Your team doesn't want to make a deal


your team wants bullshite ideas passed
Posted by Dale51
Member since Oct 2016
32378 posts
Posted on 2/26/18 at 11:17 am to
quote:

. If it was put in place by nothing more than an executive order, then it should be able to be "undone" by nothing more than another executive order.
It's not like one executive order is any different, legally, than another one, is it?


And that would be in compliance with the SCOTUS decision to let normal legal channels be followed. An EO put in place by one POTUS can be invalidated by another EO by the next POTUS.
Posted by TerryDawg03
The Deep South
Member since Dec 2012
15737 posts
Posted on 2/26/18 at 11:19 am to
quote:

The USSC opts not to take up the issue of an executive order being negated by an executive order? How the frick is this good news?

The Constitution is clear. The POTUS can executive order anything that was executive ordered. WTF is going on?


This may be their point if they provide a reason for not hearing it.
Posted by Dale51
Member since Oct 2016
32378 posts
Posted on 2/26/18 at 11:22 am to
quote:

The SCOTUS ruling says, "Nope, let the normal process take place" and then we'll hear it.


And the normal process is that any EO issued by a prior POTUS can be canceled by the current POTUS.
Posted by Dale51
Member since Oct 2016
32378 posts
Posted on 2/26/18 at 11:27 am to
quote:

There is an injunction (meaning status quo stays in place basically) until the litigation is over.


So the injunction is on the concept of one POTUS having the power to cancel a prior EO issued by a prior POTUS, and not on what the EO pertains to? That seems unconstitutional.
Posted by LSURulzSEC
Lake Charles via Oakdale
Member since Aug 2004
77325 posts
Posted on 2/26/18 at 11:28 am to
quote:

your team wants bullshite ideas passed


our team wants to undo the bullshite ideas that your team passed that fricked this country up over the past 8 years...

Posted by Usafgiles
North Augusta, SC
Member since Oct 2009
1904 posts
Posted on 2/26/18 at 11:49 am to
Ignore it

PLease do this and see what happens.
Posted by Jbird
In Bidenville with EthanL
Member since Oct 2012
73453 posts
Posted on 2/26/18 at 11:49 am to
quote:

PLease do this and see what happens.

What would that be?
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