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Monday, February 26, 2018

The End of Pressure on DACA

The Supreme Court declined to grant an expedited review on the appeal of that lower court order that enjoined the ending of the DACA program.  That means that the order will need to be appealed to the 9th circuit and only then go up on appeal to the Supreme Court if the 9th circuit were to affirm the clearly erroneous lower court order.

It's a silly decision by the SCOTUS.  I understand that they don't like to encourage appeals directly to them, but it is truly a waste of time to wait for the 9th circuit.  Meanwhile, DACA (which is clearly unconstitutional) remains in effect.

Perhaps the best course of action would be for someone like the attorney general of Kansas or Oklahoma to bring an action to declare DACA unconstitutional and therefore unenforceable.  That might be decided on summary judgment with the program ending judicially rather than by executive order.

Meanwhile, on the Fake News front, Nancy Pelosi told the press today that the ruling by SCOTUS -- which dealt only with the order of the appeal process -- showed that the move by President Trump to end DACA was "unjust and cruel".  That's about as ridiculous a lie as if she had said that when the traffic light on the corner turned from green to red it proved that everyone should have a hamburger for lunch tomorrow.

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