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DAP Forums > DREAM Act > The News Room

Supreme Court decides Friday wether to take up daca

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#1
01-07-2019, 06:02 AM
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WASHINGTON, DC — The Supreme Court could announce as early as Friday that it will hear arguments on whether President Donald Trump has the legal authority to end DACA.

President Barack Obama created the Deferred Action for Childhood Arrivals (DACA) amnesty program for illegal aliens in 2012. In 2014, Obama expanded DACA into DAPA (Deferred Action for Parents of Americans). In 2015, the Fifth Circuit federal appeals court struck down DAPA as illegal, and then the Supreme Court deadlocked 4-4 on the issue after Justice Antonin Scalia passed away in February 2016.

Shortly after President Donald Trump took office, the Justice Department determined that DACA is illegal for the same reasons the courts struck down DAPA. The Department of Homeland Security accordingly announced that it would end DACA.
Liberal opponents of the move sued, arguing that the Trump administration must go through the lengthy requirements of the Administrative Procedure Act (APA) before ending DACA.
Plaintiffs filed lawsuits in three liberal federal district courts, predictably winning their challenges in all three. Those matters have been pending in the federal appeals courts since that time.

U.S. Solicitor General Noel Francisco, therefore, took the unusual step of petitioning the U.S. Supreme Court to grant certiorari (i.e., to grant review in these cases) before the appellate courts have finished their work. It is extremely rare for the justices to grant “certiorari before judgment,” but Francisco made the case as to why very special circumstances warrant immediate action by the nation’s highest court.
During the Supreme Court’s weekly closed-door conference this Friday, January 11, the justices will privately vote on whether to “grant cert” now versus waiting until one of the appeals courts renders a decision.
If the Supreme Court grants cert on Friday, the grant will likely be announced Friday afternoon. Should the Court take the case at this time, the justices will hear oral arguments in April and probably hand down their decision in June.
If denied, the denial will likely be included with the full list of orders decided at the conference, which will be released at 9:30 a.m. on Monday, January 14. If the Court denies this week’s petition, it is only a vote against expediting the petition process. The Trump administration can petition again once one of the three appellate courts handling these cases renders a decision.

Whether now or later, the Supreme Court is very likely to take up DACA for a final decision. The fact that the 2016 DAPA Supreme Court case ended in a 4-4 tie vote after Scalia’s death indicates President Trump is very likely to prevail in the DACA matter as well.
The petitions are Dept. of Homeland Security v. Regents of Univ. of Cal., No. 18-587,*Trump v. NAACP, No. 18-588, and Nielsen v. Vidal, No. 18-589, in the Supreme Court of the United States.
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#2
01-07-2019, 07:04 AM
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Update the original post with the source link. Thank you.
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#3
01-07-2019, 08:07 AM
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It's from Breitbart

**Mod Edit** Link removed.
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Last edited by freshh.; 01-07-2019 at 08:49 AM..
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#4
01-07-2019, 08:51 AM
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OP, next time be sure to include that the source is from Breitbart (without a link) so we know where the information is coming from and members can make a reasonable assessment of it.
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Last edited by freshh.; 01-07-2019 at 08:54 AM..
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#5
01-07-2019, 10:41 AM
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Quote:
Originally Posted by ECW View Post
It's from Breitbart

**Mod Edit** Link removed.
Maybe instead of deleting links you just purge the thread completely.
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#6
01-07-2019, 12:02 PM
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I see this turning out both ways, court says no-> DACA stays intact and wholesome.

court says yes-> -> Rules TO kill Daca-> More pressure on dems to get us a good deal. They wussed out last time when the courts stepped in.
court says yes->->Rules Daca is safe-> DACA is intact wholesome and whole grain.

DACA people cannot lose.
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#7
01-07-2019, 12:07 PM
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Quote:
Originally Posted by DogJuiceMan View Post
I see this turning out both ways, court says no-> DACA stays intact and wholesome.

court says yes-> -> Rules TO kill Daca-> More pressure on dems to get us a good deal. They wussed out last time when the courts stepped in.
court says yes->->Rules Daca is safe-> DACA is intact wholesome and whole grain.

DACA people cannot lose.
This is not correct. The reason DACA is in the courts is that the Trump administration failed to do this correctly and provide valid reasons for ending the program. Regardless of what SCOTUS rules, the Trump administration can end daca by following the correct procedure. This court case is NOT if DACA is constitutional or not. It's if the administration followed the proper procedure of revoking DACA.
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#8
01-07-2019, 12:11 PM
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Quote:
Originally Posted by cmeow View Post
This is not correct. The reason DACA is in the courts is that the Trump administration failed to do this correctly and provide valid reasons for ending the program. Regardless of what SCOTUS rules, the Trump administration can end daca by following the correct procedure. This court case is NOT if DACA is constitutional or not. It's if the administration followed the proper procedure of revoking DACA.
Okay I see, let me update that chart.

court says yes-> Rules DACA killed improperly, so trump kills it-> More pressure on dems to get us a good deal. They wussed out last time when the courts stepped in.
court says yes->Rules Daca is killed properly->More pressure on dems to get us a good deal. They wussed out last time when the courts stepped in.
court says no ->DACA wholesome and whole grain wheat.

I trust this chart will be correct.
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#9
01-07-2019, 12:13 PM
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Quote:
Originally Posted by DogJuiceMan View Post
Okay I see, let me update that chart.


court says no ->DACA wholesome and whole grain wheat.

I trust this chart will be correct.
No. Trump has the authority to resend DACA. Period. There is no "DACA is wholesome" in any case. If the court denies the hearing, all it does is buy some time until Trump figures out he can re-attempt to remove DACA and follow the proper procedure.
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#10
01-07-2019, 12:18 PM
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Quote:
Originally Posted by cmeow View Post
No. Trump has the authority to resend DACA. Period. There is no "DACA is wholesome" in any case. If the court denies the hearing, all it does is buy some time until Trump figures out he can re-attempt to remove DACA and follow the proper procedure.
I see. I have been gone a while so I am not up to date.

In any case, I advocate removing DACA. I want to gamble for something better, something permanent. I know we all cant gamble like I can.

DACA was never supposed to stick around this long. It is a bandaid.
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