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DAP Forums > DREAM Act > The News Room

Durbin: Senators to release immigration bill Wednesday - Page 2

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#11
01-16-2018, 05:19 PM
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Quote:
Originally Posted by catportal View Post
I don't think so. They ruled on the DACA emails thing almost immediately. Get your applications in ASAP, this could be gone any day.
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Originally Posted by catportal View Post
Why take any chances? Send now or forever hold your peace.
I am not saying you shouldn’t. I was saying I do not believe the Court sees the urgency, and I certainly do not believe DOJ is ready yet either.
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#12
01-16-2018, 05:19 PM
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they cant just do that, SCOTUS is only on schedule a few months of every year.

they already have a busy docket for the spring, DACA might have to wait till the Fall.

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Originally Posted by jwxie518 View Post
Depends on whether DOJ can convince the Court to start the hearing right away, otherwise, you bet it will take a while.
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#13
01-16-2018, 05:24 PM
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There’s no urgency because the program was/is in effect.

Even with DAPA it took months for it to be reviewed by SCOTUS
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#14
01-16-2018, 05:37 PM
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Quote:
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they cant just do that, SCOTUS is only on schedule a few months of every year.

they already have a busy docket for the spring, DACA might have to wait till the Fall.
The problem is the the court can issue a stay on the order from the San Francisco judge before they fully hear the case.
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#15
01-16-2018, 05:45 PM
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Quote:
Originally Posted by libertarian1776 View Post
they cant just do that, SCOTUS is only on schedule a few months of every year.

they already have a busy docket for the spring, DACA might have to wait till the Fall.
Not true. While the Court normally carries the grant case over to next term, the Court can expedited it. This is unusal, if and only if the plantiff is able to convinced the court to do so. Like I said, it is unlikely and the DOJ most likely will take time to prepare. Also, each application is assigned to one Justice. The Justice can make some decision without full conference. This includes a stay or a block. I believe it is called in-chamber opinion. If DOJ is denied, DOJ can renew the appeal again, and that goes to full conference (ideally would have been moved to another Justice to give opinion).
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Last edited by jwxie518; 01-16-2018 at 05:49 PM..
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#16
01-16-2018, 05:48 PM
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Quote:
Originally Posted by jwxie518 View Post
Not true. While the Court normally stack it and carry the grant case over to next term, the Court can expedited it. This is unusal, if and only if the plantiff is able to convinced the court to do so. Like I said, it is unlikely and the DOJ most likely will take time to prepare.

"Trump admin seeks #SCOTUS review of order blocking #DACA wind-down, but--notably--isn't taking steps it could to demand immediate relief"

https://www.politico.com/story/2018/...nd-down-341183

Even if the Supreme Court agrees to take the case up without an appeals court ruling, it could be months before the justices resolve the legal fight. If they follow their typical timeline for cases, the matter would not even be scheduled for argument until the fall.
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#17
01-16-2018, 05:48 PM
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so you believe we will still have months to renew?

Quote:
Originally Posted by jwxie518 View Post
Not true. While the Court normally stack it and carry the grant case over to next term, the Court can expedited it. This is unusal, if and only if the plantiff is able to convinced the court to do so. Like I said, it is unlikely and the DOJ most likely will take time to prepare.
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#18
01-16-2018, 05:48 PM
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Schumer confirms the "full details" of the Gang of Six DACA bill will be announced tomorrow
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#19
01-16-2018, 05:51 PM
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Quote:
Originally Posted by libertarian1776 View Post
they cant just do that, SCOTUS is only on schedule a few months of every year.

they already have a busy docket for the spring, DACA might have to wait till the Fall.
Quote:
Originally Posted by jwxie518 View Post
Not true. While the Court normally carries the grant case over to next term, the Court can expedited it. This is unusal, if and only if the plantiff is able to convinced the court to do so. Like I said, it is unlikely and the DOJ most likely will take time to prepare. Also, each application is assigned to one Justice. The Justice can make some decision without full conference. This includes a stay or a block. I believe it is called in-chamber opinion. If DOJ is denied, DOJ can renew the appeal again, and that goes to full conference (ideally would have been moved to another Justice to give opinion).
Quote:
Originally Posted by libertarian1776 View Post
so you believe we will still have months to renew?
Very likely. I do not believe the Court is willing to act on it right away.... there is no urgency to make a formal ruling. Let’s wait until DOJ gets a response..
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#20
01-16-2018, 05:54 PM
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Quote:
Originally Posted by Swim19 View Post
"Trump admin seeks #SCOTUS review of order blocking #DACA wind-down, but--notably--isn't taking steps it could to demand immediate relief"

https://www.politico.com/story/2018/...nd-down-341183

Even if the Supreme Court agrees to take the case up without an appeals court ruling, it could be months before the justices resolve the legal fight. If they follow their typical timeline for cases, the matter would not even be scheduled for argument until the fall.
As I said before, it is up to the Court. I argue there is no reason for the Court to expedite this appeal at all. If this was US vs Nixon you bet the Court would clear its calendar. US v Nixon was appealed in the middle of the year.
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Last edited by jwxie518; 01-16-2018 at 05:57 PM..
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