Read the Beforeitsnews.com story here. Advertise at Before It's News here.
Profile image
By RedState (Reporter)
Contributor profile | More stories
Story Views
Now:
Last hour:
Last 24 hours:
Total:

Latest DACA Decision Reveals the Weakness and Desperation of the Obama Judges Defending It

% of readers think this story is Fact. Add your two cents.


FILE – In this Sept. 1, 2017, file photo, Undocumented students join a rally in support of the Deferred Action for Childhood Arrivals, or DACA program, outside the Edward Roybal Federal Building in downtown Los Angeles. A program that temporarily shields hundreds of thousands of young people from deportation was scheduled to end Monday, March 5, 2018, but court orders have forced the Trump administration to keep issuing renewals, easing the sense of urgency. (AP Photo/Damian Dovarganes, File)

On Friday, a three judge panel of the US Fourth Circuit of Appeals in a 2-1 decision (Obama+Clinton judges, vs Trump judge for the benefit of Chief Justice John Roberts) sorta upheld a Maryland Circuit Court decision forbidding the Trump Administration from rescinding the Deferreed Action on Childhood Arrivals (DACA) program. This is now the second federal circuit, the other being the Ninth, that have ruled against the administration and the third DACA case before the Supreme Court–the administration has requested that SCOTUS review a district court case from Second Circuit on an expedited basis.

To understand why these decisions have simply been lawfare waged against an administration loathed by some members or the judiciary or just #OrangeManBad payback you have to understand the genesis.

DACA is rooted in a memo written by Obama’s Homeland Security Secretary Janet Napolitano saying that because of a lack of resources it is her directive that illegals who came to the US as children (this is defined as under 18 so the key MS-13 constituency of the Democrat party is covered) not be processed for deportation. That’s it. It was never subjected the rule-making process under the Administrative Procedures Act, it never received public comment. After the companion directive, Deferred Action on Parents of Americans (and by Parents it actually meant any illegal with a tangential relationship to a DACA enrollee), was ruled illegal by the Fifth Circuit, Jeff Sessions left his pudding for a few moments and informed acting Homeland Security Secretary Elaine Duke that DACA, based on that decision, was illegal as well and ordered her to rescind the memo.

David French, in a rare moment of lucidity, actually took the court to task rather than blaming conservatives for being meany-pants:

The court’s reasoning is flawed on its face. It ruled that a discretionary Obama policy implemented without regard to the Administrative Procedure Act (APA) could not be repealed without applying APA scrutiny. In other words, the APA didn’t apply to Obama’s action, but it does apply to Trump’s. Moreover, it ruled that the Trump administration’s stated concerns about the legality of the DACA program were “arbitrary and capricious” and therefore couldn’t justify the rescission decision.

Put simply, this means that progressive judges are retroactively granting Obama the discretion to implement DACA, but imposing unilateral limits on Trump’s ability to end DACA. In essence, these judges are making the nonsensical determination that Obama had the prosecutorial discretion to begin the DACA program, but Trump does not have the prosecutorial discretion to end it.

By contrast, this is how Judge Julius Richardson, a Trump appointee, accurately described the law in a polite but pointed dissent:

Enforcement discretion lies at the heart of executive power. The Executive may decide to prosecute, or not prosecute, an individual or a group so long as the reasons for that decision are constitutionally sound and the decision does not violate or abdicate the Executive’s statutory duties.

As a consequence, Richardson argued, Trump’s decision to rescind DACA is “judicially unreviewable under the Administrative Procedure Act.” “To hold otherwise,” he wrote, “permits the Judicial Branch to invade the province of the Executive and impair the carefully constructed separation of powers laid out in our Constitution.”

It, like the other decision in the Ninth, also locks in the ability of a previous administration to bind the actions of its successor simply by writing memoranda.

Where the Ninth Circuit decision followed a “equal protection” and “arbitrary and capricious” reasoning, the Fourth Circuit’s reasoning is much more likely to result in a reversal at the Supreme Court.

Here is HotAir colleague Gabe Malor’s take:

And this from Jonathan Adler of Case Western Reserve Law School and Reason.com:

Actually, the Fourth Circuit victory is very tenuous. It holds that a discretionary judgment by the Executive Branch is subject to legal review. It says that the Attorney General’s decision to rescind a memo based on another Circuit Court ruling a similar program unconstitutional is “arbitrary and capricious.” And is says the feds are free to use any information provided by DACA enrollees to find and deport them.

Ultimately, these challenges are going to fail one way or another. There is no way the current court permits discretionary actions to be reviewed. The likelihood of the “equal protection” challenge surviving, based on other immigration decisions, is close to nil.

=========
=========
Like what you see? Then visit my story archive.
Follow @streiffredstate
I’m on Facebook. Drop by and join the fun there.
=========
=========

The post Latest DACA Decision Reveals the Weakness and Desperation of the Obama Judges Defending It appeared first on RedState.


Source: https://www.redstate.com/streiff/2019/05/18/latest-daca-decision-reveals-weakness-desperation-obama-judges-defending/


Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world.

Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.

"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.

Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world. Anyone can join. Anyone can contribute. Anyone can become informed about their world. "United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.


LION'S MANE PRODUCT


Try Our Lion’s Mane WHOLE MIND Nootropic Blend 60 Capsules


Mushrooms are having a moment. One fabulous fungus in particular, lion’s mane, may help improve memory, depression and anxiety symptoms. They are also an excellent source of nutrients that show promise as a therapy for dementia, and other neurodegenerative diseases. If you’re living with anxiety or depression, you may be curious about all the therapy options out there — including the natural ones.Our Lion’s Mane WHOLE MIND Nootropic Blend has been formulated to utilize the potency of Lion’s mane but also include the benefits of four other Highly Beneficial Mushrooms. Synergistically, they work together to Build your health through improving cognitive function and immunity regardless of your age. Our Nootropic not only improves your Cognitive Function and Activates your Immune System, but it benefits growth of Essential Gut Flora, further enhancing your Vitality.



Our Formula includes: Lion’s Mane Mushrooms which Increase Brain Power through nerve growth, lessen anxiety, reduce depression, and improve concentration. Its an excellent adaptogen, promotes sleep and improves immunity. Shiitake Mushrooms which Fight cancer cells and infectious disease, boost the immune system, promotes brain function, and serves as a source of B vitamins. Maitake Mushrooms which regulate blood sugar levels of diabetics, reduce hypertension and boosts the immune system. Reishi Mushrooms which Fight inflammation, liver disease, fatigue, tumor growth and cancer. They Improve skin disorders and soothes digestive problems, stomach ulcers and leaky gut syndrome. Chaga Mushrooms which have anti-aging effects, boost immune function, improve stamina and athletic performance, even act as a natural aphrodisiac, fighting diabetes and improving liver function. Try Our Lion’s Mane WHOLE MIND Nootropic Blend 60 Capsules Today. Be 100% Satisfied or Receive a Full Money Back Guarantee. Order Yours Today by Following This Link.


Report abuse

    Comments

    Your Comments
    Question   Razz  Sad   Evil  Exclaim  Smile  Redface  Biggrin  Surprised  Eek   Confused   Cool  LOL   Mad   Twisted  Rolleyes   Wink  Idea  Arrow  Neutral  Cry   Mr. Green

    MOST RECENT
    Load more ...

    SignUp

    Login

    Newsletter

    Email this story
    Email this story

    If you really want to ban this commenter, please write down the reason:

    If you really want to disable all recommended stories, click on OK button. After that, you will be redirect to your options page.