Calling it Weak Is Not Enough

This afternoon, 15 states and DC filed a lawsuit in the Eastern District of NY against President Trump and the federal government to enjoin the rescission of DACA.  The complaint is a joke.  It's principal argument is that ending DACA is actually an attack on Mexicans and that makes it an unconstitutional action based upon national origin.  To get to that point, the complaint repeats supposedly anti-Mexican statements that President Trump made during the campaign.

This is really a loser of a suit.  Everyone in DACA is affected equally whether or not they are Mexican.  That really ought to end the whole matter there since there is no unequal treatment.  Nevertheless, since we don't know what judge in EDNY will get the case, we could see some far out liberal decide to rule for the states anyway.  The appeal, however, will go to the second circuit.  While the second circuit is liberal, it is not crazy like the ninth circuit.  That means that even if the states win at the trial court level, they ought to lose in the appellate court.  Remember, the Supreme Court has already refused to accept the argument that statements made during the campaign are usable in determining the validity of a presidential action.

You really have to wonder why they bothered to file the suit.