The Supreme Court has just ruled against the Trump administration’s attempt to rescind DACA:
WASHINGTON (AP) — Supreme Court rejects Trump bid to end legal protections for young immigrants.
— Julie Pace (@jpaceDC) June 18, 2020
Supreme Court defies Trump administration and upholds DACA. Breaking.
— Jennifer Griffin (@JenGriffinFNC) June 18, 2020
Chief John Roberts once again joins the liberals on the court in the 5-4 decision:
BREAKING: Roberts joins court's liberals to overturn Trump decision to rescind DACA.https://t.co/ikXL4M73lQ
— Kyle Cheney (@kyledcheney) June 18, 2020
Good grief. It was an executive order for crying out loud, not a federal law passed by Congress. And it’s unconstitutional. But Roberts and his liberal associate justices ruled that the Trump administration violated the Administrative Procedure Act when it tried to rescind DACA:
BREAKING: The US Supreme Court has ruled the Trump administration violated federal law when it rescinded the DACA program https://t.co/BZPX48Vimc pic.twitter.com/71H7piJJLJ
— Zoe Tillman (@ZoeTillman) June 18, 2020
Obama created a law through an executive order, and Trump is not allowed to undo that executive order because lib Supreme Court judges (yes, Roberts too) think it is “arbitrary”
Why even have a president? Let’s just let our SCOTUS overlords make all the big decisions
— Buck Sexton (@BuckSexton) June 18, 2020
You can read the full opinion here. The dissent begins on page 39.
UPDATE: Here’s more on the decision from Gabriel Malor:
SCOTUS holds that the Trump administration's rescission of DACA violated the APA. 5-4 votes with CJ Roberts joining the liberals.
Issue is remanded for DHS to rescind DACA the right way.https://t.co/YD1JMhJVNH pic.twitter.com/DevRcPUQPX
— Gabriel Malor (@gabrielmalor) June 18, 2020
The oddly jubilant tweets from legal journos—DACA survives!—appear not to have read the decision yet, which lays out a roadmap for DHS to rescind DACA.
— Gabriel Malor (@gabrielmalor) June 18, 2020
So the final count in the DACA case is 5-4 that DHS must offer a more fulsome explanation for rescinding DACA and 8-1 that it does not violate equal protection to rescind DACA.
— Gabriel Malor (@gabrielmalor) June 18, 2020
Hard to escape the impression that the courts are sabotaging the Trump administration on policy issues, though.
Recall that CJ Roberts and the liberals also came to the same conclusion on the census citizenship question: you can do it, but you have to explain yourselves better.
— Gabriel Malor (@gabrielmalor) June 18, 2020
If Malor is right it means that Trump can technically still rescind DACA. My guess, however, is that he won’t given that it’s an election year.