New DACA Order - Motion to Dismiss Case?
 

So one of the people I follow on twitter @alt_spicerlies did a few posts on this new DACA Order having to with dismissing of the case. I believe this is different from the other Judge's order.

Full court document here:

https://www.courthousenews.com/wp-co...-MTD-ORDER.pdf


via @Alt_spicerlies

Defendant’s (@realDonaldTrump) Motion to Dismiss:
Denied in part.
Granted in part.
Plaintiffs’ APA claims are sustained (pg 13)
Plaintiffs’ due process claims are sustained
Plaintiffs’ equal protection claims are sustained
Plaintiffs’ RFAclaims are dismissed.


Plaintiff argues:
“disproportionate impact on Latinos and Mexican nationals. Indeed, such individuals account for 93%..”

Judge cites @realDonaldTrump Mexicans are rapist, drugs, murderers.
Alo cites where Trump called Mexicans “animals”
Racial Animus x4

Full twitter thread with highlighted text from court document:

https://twitter.com/Alt_Spicerlies/s...16092868521991

I'm not sure what impact any of this has on DACA renewals possibly being granted

Re: New DACA Order - Motion to Dismiss Case?
 

This is the same rulling, basically dismissing some arguments and allowing other arguments to proceeds, in like the merits or green light for the lawsuit.

Re: New DACA Order - Motion to Dismiss Case?
 

That's what I thought, but this was filed in 12th so I wasn't sure. Interesting to read though.

Re: New DACA Order - Motion to Dismiss Case?
 

This is basically what usually happens. On appeal a plantiff with raise a whole list of issues with how they believe the lower court erred.

The court will then go down the list of the challenges brought and it will probably throw at least a few out. You only really need one to keep the case rolling.

So we have:
Plaintiffs’ APA claims are sustained (pg 13) - Administration violated APA by not putting it through proper comment period.
Plaintiffs’ due process claims are sustained - This one is good because the court agrees that just pulling the plug probably violated the 4th and 5th amendments
Plaintiffs’ equal protection claims are sustained - Again this one is good because the court agrees that it violated 4th, 5th, and 14th amendments
Plaintiffs’ RFAclaims are dismissed. - This one is basically for monetary compensation, which the court dropped.