DACA backers ask judge for reprieve until Biden administration - Page 2

How is that not a win? The reason Hanen is ruling this way is because he knows Biden will be the president. That is why they’ve delayed this decision until after the presidential election. If trump had won, Hanen’s argument would be much different.

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.

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

Honestly the best thing Hanen could do is flee out the window. Basically dismiss the case for lack of standing because plaintiff didn't prove injury to themselves, like yeah they have to issue us licenses, but at the same time benefit from having fewer unlicensed motorists on the roads, benefit from income taxes (in states that have them) and benefit from our work basically turning the gears of capitalism, even if a state doesn't have an income tax you still generally get taxed on your income via a sales tax.

Only state that has neither an income or sales tax is Alaska and that's mainly because it funds itself with oil.

Once the case is dismissed for lack of standing he doesn't need to make a ruling about legality of the program.

yup, exactly

I hope Hanen figure this out by himself.

It's not in his interest; he's not our ally.