The Supreme Court ruled Tuesday that it would grant a request from the Trump administration’s Department of Justice to speed up a hearing on whether the high court will address an injunction that has halted President Trump’s phaseout of the Deferred Action for Childhood Arrivals program.
The move takes the case out of lower-court limbo and could result in a decision to hear the case by the court’s next Feb. 16 conference.
The issue at hand involves a decision by a judge on the U.S. 9th Circuit Court of Appeals (of course) which ruled that while the DACA program was started by presidential fiat, it couldn’t necessarily be ended by presidential fiat.
Judge William Alsup ruled that the administration would have to continue processing DACA renewal applications but wouldn’t have to take new applications for DACA status, according to CNN, nor did the ruling stipulate the renewal applications must be accepted.
NPR reported that the ruling would require the administration to continue in that vein until court appeals were exhausted.
According to the Washington Examiner, the Trump administration decided to do an end-around to avoid what would normally have been the next legal step, an appeal before the reliably liberal 9th Circuit.
On Thursday, the Justice Department asked the Supreme Court to consider taking the case and bypassing the normal appeals process.
“In a brief order, the justices said they granted the administration’s request to decide whether they should hear the case before the U.S. 9th Circuit Court of Appeals can do so,” the Examiner reported.
The administration had been critical of the 9th Circuit’s jurisdiction in this matter (as with many others), accusing the opponents of the administration of venue-shopping cases to land in the San Francisco-based court.
“It just shows everyone how broken and unfair our Court System is when the opposing side in a case (such as DACA) always runs to the 9th Circuit and almost always wins before being reversed by higher courts,” the president tweeted after the decision.
It just shows everyone how broken and unfair our Court System is when the opposing side in a case (such as DACA) always runs to the 9th Circuit and almost always wins before being reversed by higher courts.
— Donald J. Trump (@realDonaldTrump) January 10, 2018
DACA, adopted by presidential decree in 2012 during the Obama years, was rescinded last autumn by the Trump administration. It protected roughly 700,000 individuals who had been brought into the country illegally as children from being deported.
The administration gave those in the program a six-month grace period, however, leaving Congress to work out the details of a DACA renewal.
In spite of attempts by the Democrats to attach that renewal to continuing resolutions to keep the government open, that renewal hasn’t come, mostly because the Democrats have refused to budge on border security as part of a deal. The president has insisted that any deal on DACA must include funding for the border wall.
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