U.S. Supreme Court rejects Trump over 'Dreamers' immigrants

Discussion in 'Politics, Religion, Social Issues' started by lowendlinux, Feb 26, 2018.

  1. lowendlinux Contributor

    lowendlinux

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    #1
    https://www.msn.com/en-us/news/us/u...reamers-immigrants/ar-BBJC9La?ocid=spartanntp

    The whole article:

    This will give congress some breathing room to hash something out.
     
  2. BaldiMac macrumors 604

    BaldiMac

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    #2
    So, in summary, Obama's decision to create DACA was legal, and 45's decision to overturn DACA was illegal.
     
  3. ucfgrad93 macrumors P6

    ucfgrad93

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    #3
    Could you point me to the wording in that ruling that says this?
     
  4. BaldiMac macrumors 604

    BaldiMac

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    #4
    :rolleyes: One was overturned by the courts when contested. One was not overturned by the courts when contested. It ain't complicated.

    Yes. I acknowledge that this was an injunction and not a final ruling.
     
  5. 0007776 Suspended

    0007776

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    #5
    The first one is still to be determined. But yes it appears that Trump didn’t go about getting rid of it in a legal manner.
     
  6. ucfgrad93 macrumors P6

    ucfgrad93

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    #6
    So, just making stuff up. Got it.
     
  7. linuxcooldude macrumors 68020

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    #7

    Obama's was an executive order for DACA, so even if Trump used an Executive order to stop it would not make it illegal.


    The Supreme Court is awaiting the lower courts final decision before seeing the case.
     
  8. BaldiMac macrumors 604

    BaldiMac

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    #8
    Both are yet to be determined. But the injunctions on DACA were rejected, and the injunctions on repealing DACA were upheld.
    --- Post Merged, Feb 26, 2018 ---
    Nope. Just not meaning it in the way you want to interpret it.
     
  9. ucfgrad93 macrumors P6

    ucfgrad93

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    #9
    You seem to want to read more into this ruling than is actually in it.
     
  10. linuxcooldude macrumors 68020

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    #10
    And? An on going legal battle that has yet to be determined.

    Backpedaling
     
  11. BaldiMac macrumors 604

    BaldiMac

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    #11
    Nope, just making a comment based on the injunctions. Nothing more than that.
     
  12. tgara macrumors 6502a

    tgara

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    #12
    Yeah, he is. After a federal district court in California temporarily halted the Administration's plans to cease DACA, the Administration petitioned for direct review by the Supreme Court, bypassing the Ninth Circuit. The ruling today from SCOTUS simply says let the Ninth Circuit hear the appeal before we take it up. No merit-based decision from SCOTUS today on this issue, as much as our friend BaldiMac wishes there was. It was purely procedural.

    What will happen is that the Ninth Circuit will uphold the district court's ruling and the Administration will petition for review by the Supreme Court, which will reverse it.
     
  13. DearthnVader macrumors 6502a

    DearthnVader

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    #13
    I supose some people don't have to follow the law.

    Funny, a protected class of illegals that will never get citizenship, as they are too valuable as pawns.
     
  14. Zombie Acorn macrumors 65816

    Zombie Acorn

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    #14
    You can't say the president has the power to create an EO and not the power to overwrite an EO. That's ridiculous. Either the president had the power to do something in this arena or not.

    Saying Trump doesn't have authority here should basically invalidate Obama's order.
     
  15. BaldiMac macrumors 604

    BaldiMac

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    #15
    Reasons and procedures matter.
     
  16. eltoslightfoot macrumors 6502a

    eltoslightfoot

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    #16
    This is a really good legal point. I don't understand why they would set this sort of a precedent. I bet they will hide behind it being a temporary decision and not binding except for this case.
     
  17. 0007776 Suspended

    0007776

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    #17
    But you can say that the president didn’t go through the proper procedures to overturn it, which I believe is what this case is about.
     
  18. Zombie Acorn macrumors 65816

    Zombie Acorn

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    #18
    Then the problem is solved by issuing a new order. Trump didn't need to give a 6 month grace on this issue. If the Dems want to drag their feet and be childish about it I think they've met their match.
     
  19. pdqgp macrumors 68020

    pdqgp

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    #19
  20. tgara macrumors 6502a

    tgara

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    #20
    I was going to post this earlier. The Maryland ruling is here, and worth a read by everybody regardless of your view on DACA. It illustrates clearly how a judge should make a ruling.

    http://immigrationcourtside.com/wp-content/uploads/2018/03/JudgeTitusDACAOp.pdf

    The amazing thing is that he DIDN'T inject his opinion into the legal ruling. Titus left no doubt that, from a public policy standpoint, he does not like the result he reached — the exposure to deportation of a huge number of immigrants who were brought here by their parents. But he was old-fashioned enough not to let his personal sympathies drive his judging:

    On the legal side, he noted early on that the issue before him is not whether DACA is lawful. Rather, the issue is whether the Trump administration “made a reasoned decision to rescind DACA based on the Administrative Record.” “Any alternative inquiry,” he wrote, “would impermissibly require a court to “substitute its judgment for that of the agency.”

    Judge Titus then ruled:

    In finding Trump’s wind-down decision orderly, Judge Titus noted:

    Judge Titus also found that “the Administrative Record — the basis from which the Court must make its judicial review — did not support the notion that the president’s order was targeting a subset of the immigrant population, and it does not support any supposition that the decision was derived on a racial animus.” He rejected the argument that Trump’s harsh comments about illegal immigrants, and others, provide a basis for invalidating a program as improperly motivated. He wrote:

    His criticism of Trump is fair. But as a legal matter, the administration was justified in doing what it did.
     
  21. pdqgp macrumors 68020

    pdqgp

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    #21
    The judge stated while in acting in his capacity as a judge and not on personal time as a personal opinion that:

    "This Court does not like the outcome of this case, but is constrained by its constitutionally limited role to the result that it has reached," Judge Roger Titus wrote in his very revealing opinion. "Hopefully, the Congress and the President will finally get their job done."

    The ruling was indeed correct and accurate but his statement above is out of line.
     

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20 February 26, 2018