Supreme Court will meet behind closed doors Friday on DACA.
 

(CNN) The Supreme Court will meet behind closed doors Friday to decide whether to take up a lower court opinion that temporarily blocked President Donald Trump's effort to end the Deferred Action for Childhood Arrivals immigration program.

The Justice Department is taking the rare step of asking the Supreme Court to review the opinion -- issued by a San Francisco-based judge -- even before a federal appeals court has had a chance to weigh in.
Under normal circumstances, the Supreme Court disfavors parties from bypassing lower court proceedings and asking for direct review.

"The court hasn't granted cert before judgment since 2004, and it hasn't done so without a circuit-level ruling on the question presented since 1988, " said professor Stephen Vladeck of the University of Texas School of Law, a CNN contributor.

At issue is a ruling by federal District Judge William Alsup of the US District Court for the Northern District of California, who blocked the plan to end DACA and held that the Trump administration must resume accepting DACA renewal applications.

The issue before the court was not the legality of the program, but how the Department of Justice went about terminating it. Challengers argue that the rescission was "arbitrary and capricious" in violation of the Administrative Procedure Act.

After Alsup's ruling, Trump made clear his disdain for the 9th US Circuit Court of Appeals, the federal appeals court that has jurisdiction over Alsup's court. The President tweeted, "It just shows everyone how broken and unfair our Court System is when the opposing side in a case (such as DACA) always runs to the 9th Circuit and almost always wins before being reversed by higher courts."

https://www.cnn.com/2018/02/16/polit...Most+Recent%29

Re: Supreme Court will meet behind closed doors Friday on DACA.
 

So is there any chance at all that the supreme court will rule in our favor?

Re: Supreme Court will meet behind closed doors Friday on DACA.
 

When will the SCOTUS decision actually happen? Should it be ok for people sending renewals next week?

Re: Supreme Court will meet behind closed doors Friday on DACA.
 

If they opt to take the case, their decision will not happen before March 5. And the likelihood of trump reinstating DACA when we reach that deadline is zero. Remember, they're litigating against it.

But, and that's a very questionable big but, his administration could stop contending all lawsuit. Which could be too late if SCOTUS decides today to hear the case.

Our last hope this year, given the incompetence in Washington, could be SCOTUS not wanting to hear the case or their ruling in our favor. Better DACA forever than nothing at all.

Re: Supreme Court will meet behind closed doors Friday on DACA.
 

Hopefully if all else fails, they reinstate AP and let some others adjust.

Re: Supreme Court will meet behind closed doors Friday on DACA.
 

It would not be DACA forever.

Trump would have to comply with APA, which means he can give 30 days for "notice and comment" and then he can end DACA (again).

Re: Supreme Court will meet behind closed doors Friday on DACA.
 

Right. Let's hope they at the very least decide to not hear the case and they have to wait on the lower court appeals to run their course.

Re: Supreme Court will meet behind closed doors Friday on DACA.
 

I don't understand why you guys are hoping on the courts.

Even if the courts rule in our favor, it would just be that Trump didn't follow the Administrative Procedure Act notice and comment period.

He can just give 30 days notice and then he can rescind DACA again.

Re: Supreme Court will meet behind closed doors Friday on DACA.
 

"notice and comment" will be in our favor which opens the door for more lawsuits arguing extreme economic hardship and others.

Re: Supreme Court will meet behind closed doors Friday on DACA.
 

I don't quite understand what the basis would be for the lawsuits.

Net Neutrality had 30 days notice and comment and the FCC still rescinded it...