Quote:
Originally Posted by dreamer12345
Hanen's argument would've been the same under Trump, "we're striking this under same DAPA precedent, DACA EO having not instituted the required commenting period".
The reprieve (and still remains to be seen if Hanen grants it) is still overshadowed by the fact that DACA remains in peril until/if Biden rewrites the EO and allows commenting period.
A proper win would've been dismissal of the lawsuit, the only thing this did is bought us a month at which point Hanen/Texas can revisit the topic if Biden hasn't acted.
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What I’m saying is this argument appears to be new in that before it was never really brought up because Trump was the president and the outcome of the election was uncertain. If trump had won I don’t think there would be talks of trump fixing the EO etc. Hanen would have probably dismissed the suit at that point, but he knows he’s dealing with a sympathetic administration now that’s going to do anything in its power to preserve daca. Hanen could say look I tried and they fixed the EO now what