The End of DACA Is the Next Big Immigration Fight

Swim19 · 08-09-2018, 03:42 PM

Quote:

If and when Hanen strikes down DACA and orders a nationwide injunction against it, the Trump administration will be whipsawed between competing court orders. Some courts are ordering it to keep DACA going, and Hanen would be ordering the opposite.

In the face of contradictory orders, the administration would seek expedited review by courts of appeals. If those didn’t create uniformity immediately — and that is the most likely outcome — then it would turn to the Supreme Court. After all, the high court’s job is to ensure some modicum of legal uniformity across the country.

All that could happen within days or even hours of a ruling and injunction by Hanen. And Hanen could perfectly well rule at any time. He’s already thought through the constitutional issues in issuing his DAPA opinion.

Nevertheless, Hanen can use his discretion to choose when he wants to issue a decision and an injunction. And he has a pragmatic reason to take his time.
That’s because the Supreme Court is evenly split again, as it was when it voted on the 5th Circuit decision upholding Hanen’s DAPA ruling.

If the current Supreme Court had to consider dueling nationwide injunctions, it could face a serious crisis if i again divided 4-4. A split court can only uphold the decision on appeal before it. If a 5th Circuit decision upholding a Hanen opinion remained in place, it would put the Trump administration into a legally untenable situation.

Of course, moderates like Chief Justice John Roberts and Justices Stephen Breyer and Elena Kagan could hammer out a temporary compromise. But such a compromise would almost certainly have to include keeping DACA in place.

So it makes sense for Hanen to wait until Kavanaugh is confirmed, and then issue his ruling.

If that’s what happens, Kavanaugh may have to swing into action pretty darn fast. He would face his first controversial, emergency vote in a high-profile case where his vote would be decisive.

It won’t be his last.

https://www.bloomberg.com/view/artic...-court-quickly

JJ Glo · 08-09-2018, 03:46 PM

He'll either rule for DACA or hold his ruling until after Kavanaugh is confirmed

EMejia · 08-09-2018, 05:15 PM

So we still have a chance.

JJ Glo · 08-09-2018, 05:18 PM

Quote:

Originally Posted by EMejia

So we still have a chance.

A chance for what? If it goes to Supreme Court now, it might tie 4-4, then when Kavanaugh is confirmed, DACA could end.

DACA-IR-DA · 08-09-2018, 05:26 PM

Beginning of DA.

Marco956 · 08-09-2018, 05:29 PM

Honestly the best outcome for us might be hanen shutting daca down and just letting renewals expire. That way this becomes a politial issue at the frontline. I mean DACA is gonna end at some point anyway

DogJuiceMan · 05:42 PM

I never throught DACA would go down fighting kicking, screaming and wriggling for life.
I always envisioned a peaceful slumber for the gentle giant.

I wake up in the morning, phone beeping cause I get news in the morning, and I get news that DACA has died AND Dream Act has come into effect.

I win a million dollars and have a hot blonde wife and a sportscar/rocketship I mean lets go wild here, and then Trump comes into my bedroom and congratulates me.
Then I win another million dollars and im like "wtf why are all these millions here."

Rest in Peace champ, you've brought me so many happy days.
Now for congress to fucking do Dream Act or similar.

Gon wait at the DogJuiceManNewsNetwork Center.
DNN

BestBefore1984 · 08-09-2018, 05:52 PM

Quote:

Originally Posted by DogJuiceMan

I never throught DACA would go down fighting kicking, screaming and wriggling for life.
I always envisioned a peaceful slumber for the gentle giant.

I wake up in the morning, phone beeping cause I get news in the morning, and I get news that DACA has died AND Dream Act has come into effect.

I win a million dollars and have a hot blonde wife and a sportscar/rocketship I mean lets go wild here, and then Trump comes into my bedroom and congratulates me.
Then I win another million dollars and im like "wtf why are all these millions here."

Rest in Peace champ, you've brought me so many happy days.
Now for congress to fucking do Dream Act or similar.

Gon wait at the DogJuiceManNewsNetwork Center.
DNN

You smokin that good California 'errrrb up in the Carolinas my nigga. Nam sayin?

isual · 08-09-2018, 06:01 PM

kavanaugh may not even get confirmed this year even. this is IF the dems have some damn back bone to fight mitch mcconnell and tell him what mitch did to them last time during obama's confirmation.

the turtle stole obama's pick, and the dems need to get some damn spine and fight !

sldkfj · 08-09-2018, 06:15 PM

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The End of DACA Is the Next Big Immigration Fight