A Way Out for the Supreme Court on DACA

A narrow ruling would put the ball back in the president’s court and let the justices avoid politics. By resolving the case on narrow grounds, the justices could steer clear of the political fray and their own jurisprudential divisions. Such a ruling would leave DACA in place for now, but leave the policy’s ultimate fate to the political process — reaffirming the vital distinction between law and politics.

Indeed, the administration itself has effectively conceded this critical point. As the Justice Department recently told another court, DACA and similar policies do not themselves grant work authorization; that benefit is “the result of pre-existing regulations or other guidance, not the conferral of deferred action itself.” But then why did the administration decide to end DACA rather than revisit the regulations that provide the benefits some actually considered legally problematic?

The administration’s failure to answer that question, or even to notice it, gives the court an easy out in this fraught case. Under long-settled principles, a court must overturn an executive action if the government failed to draw a rational connection between the problem it saw and the solution it chose. Here, then, the court need only say that the administration failed to explain why legal concerns about separate benefits warranted terminating DACA itself.

That narrow ruling would put the ball back in the president’s court. He would be free to end DACA again on policy grounds, but only if he is willing to bear the political cost, rather than blaming Congress and the courts. Alternatively, he could propose changes to the decades-old benefit regulations — potentially depriving DACA of some of its salutary consequences, but leaving its core policy of forbearance intact. Faced with the extraordinary public support for DACA recipients, the president might well decide to do nothing.

https://www.google.com/amp/s/www.nyt...court.amp.html

Lmao

Ultimate only the president can end it. Supreme Court can find it unconstitutional and whatnot but it won’t end it as the powers lies on the president alone. 2Face in rooins

if SCOTUS rules this way, Trump ain't touching DACA in an election year... look at their reversal on TPS.

CLOWN.

The United States is exceptionally gifted in picking morons to lead the nation, and then, to double up on that folly by re-electing them.

Trump needs to lead the charge on DACA, otherwise his presidency will be for naught. At least get an easy low hanging fruit, after failing so hard in all ways.

Can't wait till November 12.

We won't know anything until June.....

That's the latest they'll wait to make the decision. The decision could be made at any time.