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-   -   Democratic attorney generals ready to sue if DACA doesn't continue (http://dreamact.info/forum/showthread.php?t=77401)

eva02 07-22-2017 10:30 PM

Re: Democratic attorney generals ready to sue if DACA doesn't continue
 
Quote:

Originally Posted by lakers1824 (Post 620680)
This will ultimately end up @ Supreme Court. Dems will sue in the 9th district and DACA will be upheld. Reps will sue in the 5th district court and will probably win. But, remember 1 court can block or allow it to continue. i.e. 5th court denies it and blocks it, 9th court allows it to continue. Differences between appeals court makes it go to the supreme court. SC wont be in session until later in the year and wont rule until June unless they accept an expedited ruling. I think is DAPA was a tie I think DACA has a change to be held up.

All we need is one conservative judge to cross over and rule with us. This might be the case since DACA has been active for 5 years versus DAPA.

Would renewals be allowed while this all plays out??

libertarian1776 07-23-2017 01:57 AM

Re: Democratic attorney generals ready to sue if DACA doesn't continue
 
we will win SCOTUS, Kennedy and Roberts will swing the vote for us.

not only that it's been 5 years, but the best defense that our group has is that we had no choice in the matter when we were brought here and we couldn't decide since we were minors.

as long as there is litigation, work permits will continue.

6-3 SCOTUS vote. book it, case in point.

Quote:

Originally Posted by eva02 (Post 620682)
All we need is one conservative judge to cross over and rule with us. This might be the case since DACA has been active for 5 years versus DAPA.

Would renewals be allowed while this all plays out??


eva02 07-23-2017 02:21 AM

Re: Democratic attorney generals ready to sue if DACA doesn't continue
 
Can someone remind us how each justice voted on the DAPA eDACA case

libertarian1776 07-23-2017 02:31 AM

Re: Democratic attorney generals ready to sue if DACA doesn't continue
 
Quote:

Originally Posted by eva02 (Post 620687)
Can someone remind us how each justice voted on the DAPA eDACA case


Justice splits are not disclosed in cases affirmed by a 4-to-4 vote. but the most likely lineup, based on questioning during the oral arguments:


For DAPA/eDACA:
Sotomayor, Kagan, Ginsburg, Breyer

Against:
Kennedy, Roberts, Alito, Thomas

eva02 07-23-2017 02:55 AM

Re: Democratic attorney generals ready to sue if DACA doesn't continue
 
Quote:

Originally Posted by libertarian1776 (Post 620688)

Justice splits are not disclosed in cases affirmed by a 4-to-4 vote. but the most likely lineup, based on questioning during the oral arguments:


For DAPA/eDACA:
Sotomayor, Kagan, Ginsburg, Breyer

Against:
Kennedy, Roberts, Alito, Thomas

I'm counting on kennedy more than anyone to vote in favor. I wonder on what standing the lawsuit will move fwd? Cost to the states due to DL? Presidential overreach?

libertarian1776 07-23-2017 03:28 AM

Re: Democratic attorney generals ready to sue if DACA doesn't continue
 
its very tough on what grounds now... if its presidential overreach, yeah Obama is gone tho, soooo does that make Trump using president overreach by keeping the program in place?

the driver licenses subsidies is such a petty reason for those states to sue tbh.

we dont really impact the economy in a negative way.. so i doubt the states suing can say that.

Quote:

Originally Posted by eva02 (Post 620689)
I'm counting on kennedy more than anyone to vote in favor. I wonder on what standing the lawsuit will move fwd? Cost to the states due to DL? Presidential overreach?


lakers1824 07-23-2017 04:03 AM

Re: Democratic attorney generals ready to sue if DACA doesn't continue
 
I wanna hear a sc justice ask them why wait 5 years to sue? BAM. Shuts the republicans down right away. case dismissed. lol

eva02 07-23-2017 04:13 AM

Re: Democratic attorney generals ready to sue if DACA doesn't continue
 
The more I think about it the more ridiculous these AGs look for even suing their own sitting republican president. Obama is gone and the program has been going on for 5 years. If the Supreme Court sites with them they lose all credibility.

Ianus 07-23-2017 06:07 PM

Re: Democratic attorney generals ready to sue if DACA doesn't continue
 
Quote:

Originally Posted by JohannBernoulli1667 (Post 620630)
Any word on what might happen as a consequence?

To whom, or what?

Despite the negatives of the lawsuit, the positive is more exposure on the issue of DACA. I think it is best to use that exposure to command the message and build a more robust DACA coalition by gaining moderate allies and building bridges with them. However, I also believe there should be a modicum of preparation for the case as well...the Dem coalition lawsuit evens that out at least seemingly in court(Problem still lies in the Federal judge, Circuit and Supreme. Still, these are warnings. It is not a time to be passive considering the current state of affairs.

eRkah 07-24-2017 10:12 AM

Re: Democratic attorney generals ready to sue if DACA doesn't continue
 
Haven't the courts not ruled yet whether the states even have standing to sue about this?

I think that could be an issue for both the republican AGs and maybe more so for the ones on our side.

With DAPA, I believe the judge put an injunction, but never actually ruled on the legality or whether the AG had standing to sue the federal government, and the SC was simply tied on letting the injunction in place


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