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We frame the decision’s larger implications through the lens of Justice Roberts, who, as chief justice, may find himself as the fifth vote for the majority on several key issues.Please give an overall site rating:According to some polls, anywhere between 70% and 90% of the American public supports maintaining the DACA Program. How it is undone will be paramount. Roberts Does Not Ignore the Practical Effect of the Court’s Decisions. The Supreme Court said the Trump administration wrongly tried to shut DACA down, so DACA is going to survive.
DACA.
The decision to get rid of DACA would affect many people, starting with 700,000+ DACA recipients and their families.
A prime example is the first iteration of the travel ban, done a week after Trump came into office, which singled out Muslim countries. by Georgette Georgette Walrath Opinion. Bless the Dreamers! We'll take it. On the other hand, the Court pointed out that, despite the Attorney General’s determination of DACA’s illegality, DHS did not deal with the practical effect of the DACA rescission, which is in its discretion to do. So if the federal government can, in theory, preclude controlled substances from being used in assisted suicide, why did it lose? SHARE ON FACEBOOK. The Obama Administration correctly calculated that protecting the children of those that made the decision to enter into the country illegally would garner support. For this reason, Roberts may see himself as the “bridge” that confirms the court’s independence, making for some pragmatic rulings in the future.There is no legal question on this point: just as a president (Obama) did DACA; a president (Trump) may undo DACA. In short, the President’s desire to undo DACA “by any means necessary” found DHS skipping the required thought process which would have resulted in its decision passing muster. Specifically, it ruled that Ashcroft exceeded his authority when he determined that assisted suicide was not a “legitimate medical use” of controlled substances without obtaining any information about the practice of medicine, assisted suicide, or other relevant matters necessary to come to that conclusion from outside the Department of Justice. 4 weeks ago by Frances Langum.
When I heard about the reasoning in Chief Justice John Roberts’s decision concerning the DACA case, I had a real deja vu experience.
Specifically, the Court stated that the rescission memorandum failed to consider important aspects of the problem before the agency, including whether the AG’s determination would mean rescinding both benefits (DACA recipients are eligible for while in the country) and forbearance (deferred removal from the country despite undocumented status). They're holding something …
Not dealing with these issues, among other things, ignored the reality that DACA has layers of complications in its practical effect, and the Court would not allow DHS to eliminate DACA without adequately dealing with those complications.Like us on Facebook to see similar storiesUltimately, Chief Justice Roberts, a conservative himself, is not worried about having a conservative court. Per the Court, the DHS rescission (mistakenly) treated the AG’s decision as grounds to rescind both benefits and forbearance. In his DACA decision, Roberts quoted the famous words of Justice Oliver Wendell Holmes Jr. a century ago: “Men must turn square corners when they deal with the government.”
This reality cannot be lost on the Court and particularly the chief justice. Administrative law offers a great sleight of hand opportunity for “conservative” judges and justices to block policies with which they disapprove — and without leaving any incriminating ideological fingerprints.The general media spin about the case has been that, as Reuters put it, the Supremes issued a “stinging rebuke” to the administration and endorsed the assisted suicide as a legitimate public policy. Consequently, the Court found, Ashcroft’s interpretation, while reasonable, was not persuasive because it exceeded his “expertise.”Here’s the deja vu part: During the George W. Bush administration, Attorney General John Ashcroft issued a guidance that prohibited federally controlled substances from being used in assisted suicide. By Frances Langum. PETE WILLIAMS: Well, it's another big surprise. SHARE ON TWITTER. The Court has been conservative leaning for decades. The Supreme Court decision protects over 800,000 Dreamers. Conservative Chief Justice John Roberts Saves DACA and Dreamers Defying expectations, Roberts joined with the four liberals on the court to … SCOTUS Upholds DACA, 5-4; Roberts Writes Opinion. No charge. Chief Justice John Roberts on Thursday threw up yet another obstacle to President Trump’s repeal of an Obama-era executive action.