Originally Posted by Laterlater

Wow, this is simply breath-taking:

Although the original DACA policy was not challenged in the lawsuit, both the district and appellate court decisions relied on factual findings about the implementation of the 2012 DACA memorandum. The Fifth Circuit agreed with the lower court that DACA decisions were not truly discretionary,[4] and that DAPA and expanded DACA would be substantially similar in execution. Both the district court and the Fifth Circuit concluded that implementation of the program did not comply with the Administrative Procedure Act because the Department did not implement it through notice-and-comment rulemaking.

They simply accepted the factual assumption of the 5th district courts that since A) DAPA did not go though APA procedures, B) DACA being similar to DAPA, therefore C) DACA as well as DAPA do not comply with APA procedures.

And no:
The Supreme Court affirmed the Fifth Circuit’s ruling by equally divided vote (4-4).[5] The evenly divided ruling resulted in the Fifth Circuit order being affirmed.

It neither affirmed or repudiated. It simply split, causing the lower courts ruling to be upheld.

But none of this matter anymore I suppose.