• Judge orders reopening of DACA, after 90-day delay
    24 replies, posted
https://www.cnn.com/2018/04/24/politics/daca-ruling-new-applications/index.html the funniest bit: In September, the administration defended ending the program by saying it was likely to fall in the courts anyway, arguing a six-month wind-down of the program would be more orderly than a sudden end brought by the courts. No court has found DACA to be unconstitutional.
too much winning.
Every time I see another shitty decision by this administration get overturned I immediately think of that 4chan meme image of the guy angrily crying behind a fake happy mask
"But..but its the Democrats fighting abainst Trump!! Without them impeding him his presidency would be great" I really cant wait to see what BS Fox News uses to make it sound like this guy is some secret evil leftist
Except it’s one of those red, eyesore MAGA hats instead. At any rate, it’s incredible the kind of achievements a party majority can make with their party ruling the White House /s
The biggest wave of anxiety has been lifted off my shoulders, if only for a little bit. Thank god
See, the thing is that anyone who opposes Trump is considered a Democrat, even if they're a lifelong Republican like Mueller. This is a man to whom the truth has exactly no value whatsoever. The only thing that holds any value is anything that can possibly get him what he wants.
What's the legal ground for it? I'm all for DACA, but I thought a presidential order/policy could be ended by the next president? AFAIK, DACA wasn't a law but a policy by the executive branch?
literally in the quote i listed. Trump wanted to look like he was "neutral" by having the courts throw it out instead of him outright ending it. Remember, he kept saying how these poor DACA recipients are just abused. Too bad none of the courts have found it unconstitutional.
Your quote simply said the courts found Trump's action illegal. I'm wondering what their thinking was for that
https://img.4plebs.org/boards/s4s/thumb/1459/18/1459186799586s.jpg This guy?
Its in the article, they are implying it trespassed state's rights because some red states threatened to sue the government for taking them in. But every judge so far has seen no legal basis to why exactly its unconstitutional.
Good.
No court has found DACA to be unconstitutional. Bbbbuttt the president has to follow the law! Can it be that immigration law is actually extremely vague and allows the president large amounts of lattitude to not be an inhuman dick?
No, you're not understanding. I'm trying to see why it was unconstitutional for TRUMP to END the program, not why the program itself is CONSTITUTIONAL. I thought the president would have the authority to end programs created by executive order
We're a country of laws built upon sound legal reasoning, Trump and his admin has yet to come up with one coherant argument as to why DACA is unconstitutional other than "because we say it is", whereas the Obama admin created large legal documents explaining their position, their program, and checked every box they needed to.
In this case, though, Trump is not refusing to enforce a law, he has attempted to repeal an executive order. Are all such actions (repealing executive orders) subject to judicial review under these standards? Does an executive order have to be unconstitutional before a president can repeal it, or can he repeal it as a matter of policy/politics?
Again, He didn't want to directly repeal it. He wanted to pretend to be neutral and allow it filter through the court system instead. He thought the court would find it unconstitutional and toss it out without him having DACA recipients' blood on his hands. So far every court hasn't found it unconstitutional and hes losing his patience.
Ok, thank you that's what I wasn't understanding. So he IS refusing to enforce a "law".
there's a bit more to it, if this were an EO on like how many salmon can be fished the courts wouldn't exactly bat an eye, but in this case hundreds of thousands of people's lives are at risk by his opinion that DACA was unconstitutional. The fact is that obama was legally able to issue the temp status and benefits and to revoke those unilatterally, the courts are going to take a special amount of review because the stakes are very high for daca recipients
Trump doesn't need to come up with any justification to end DACA by EO. He was hoping that courts would rule it unconstitutional and save him the trouble, but it doesn't matter if the Obama administration made an airtight case for it being constitutional and legal, he can still destroy it on a whim even if it is a completely legitimate, constitutional program. He just doesn't want to get his own hands dirty by doing so.
yes but like I said in my last post, when people's lives are involved the courts tend to take a very close review of any decision because while the right would scream and holler that we are a nation of rock hard laws, absolute adherence to laws is also tyranny especially when its inhumane and directly hurting people.
The interpretation hinges on the last part. "Offenses against the United States," which implies Federal rather than state charges. Otherwise it wouldn't be offenses against the United States but of whichever state the crime was committed in.
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