Federal judge orders Trump to restart DACA even though DACA is NOT a law!!!

T

Text Drivers are Killers

Biden likes little girls
DACA is just an executive order issued by obozo and to say it is binding on all future presidents is insane.

https://www.washingtontimes.com/news/2018/aug/3/federal-judge-orders-trump-admin-restart-daca/

aug 3 2018 A federal judge on Friday said the government must restart the entire DACA deportation amnesty, including accepting brand new applications — but gave the administration a chance to appeal before his ruling takes effect.

The ruling by Judge John D. Bates is a major blow to President Trump, and creates even more confusion about his immigration policy.

Judge Bates said Mr. Trump and his Homeland Security Department do have the power to revoke the Obama-era DACA program, but they cut too many corners in the way they tried to do it.

He said the government needs to prove that it has considered the benefits to society of having illegal immigrants here and working, versus the government’s interest in enforcing the laws as written. He said Homeland Security failed to do that in its original revocation last September, and even after he gave it a chance to update its reasoning, it still failed to convince him.

“The court sees no reason to change its earlier determination that DACA’s rescission was arbitrary and capricious,” he ruled.

Other courts had already put the revocation on hold and ordered the government to renew applications of some 700,000 people who already had DACA status and who reapplied.

But those courts had declined to restart the program in full, meaning brand new applications. Judge Bates’ order would do that.
Click to expand...
 
Eh? Whether it is law (by statute) is rather irrelevant. The judiciary determines what is constitutional, not "what is passed by Congress" only.
 
Chloé said:
Eh? Whether it is law (by statute) is rather irrelevant. The judiciary determines what is constitutional, not "what is passed by Congress" only.
Click to expand...

HAHAHA. Now that is truly the stupidest post in history.

It matters immensely whether DACA is a law or not. And BTW - judges have no authority to decide what is constitutional. THINK, you silly twit.
 
Fuck this judge

He is overstepping his bounds. He has no authority to do this. He can’t enforce it. Trump should laugh in his face
 
Text Drivers are Killers said:
DACA is just an executive order issued by obozo and to say it is binding on all future presidents is insane.
Click to expand...
It's not insane. The court simply said that 'because it has Obama's name on it' isn't a legal argument for getting rid of DACA. It forces trumpco to make the case that DACA didn't pay dividends.

Good luck with that.
 
Chloé said:
Eh? Whether it is law (by statute) is rather irrelevant. The judiciary determines what is constitutional, not "what is passed by Congress" only.
Click to expand...

but its not a law by statute. Trump is literally just reversing the previous things done by the last admin and the judiciary is saying that they see no reason why he should do it (hence arbitrary).

Weve gone from marbury vs madison where the judiciary decides what is constitutional to this standard where they decide what is good policy.
 
tsuke said:
but its not a law by statute. Trump is literally just reversing the previous things done by the last admin and the judiciary is saying that they see no reason why he should do it (hence arbitrary).

Weve gone from marbury vs madison where the judiciary decides what is constitutional to this standard where they decide what is good policy.
Click to expand...
well said. it's a freaking XO. this is more judicial activism ( bullshit)
He said the government needs to prove that it has considered the benefits to society of having illegal immigrants here and working, versus the government’s interest in enforcing the laws as writtenWTF??
Click to expand...
 
Althea said:
It's not insane. The court simply said that 'because it has Obama's name on it' isn't a legal argument for getting rid of DACA. It forces trumpco to make the case that DACA didn't pay dividends.

Good luck with that.
Click to expand...

Trump doesn't have to give a reason for reversing an EXECUTIVE ORDER, you moron. EOs are not laws - they are just a policy.
 
anatta said:
well said. it's a freaking XO. this is more judicial activism ( bullshit)
Click to expand...

to paraphrase scalia it doesnnt have to be smart or something he agrees with it just has to be constitutional. The scary thing about the judiciary apporpriating more power for themselves is they are the branch that is least accountable to the people as they serve for life.
 
tsuke said:
to paraphrase scalia it doesnnt have to be smart or something he agrees with it just has to be constitutional. The scary thing about the judiciary apporpriating more power for themselves is they are the branch that is least accountable to the people as they serve for life.
Click to expand...
SC hasn't weighed in on this.
 
tsuke said:
but its not a law by statute. Trump is literally just reversing the previous things done by the last admin and the judiciary is saying that they see no reason why he should do it (hence arbitrary).

Weve gone from marbury vs madison where the judiciary decides what is constitutional to this standard where they decide what is good policy.
Click to expand...
Incorrect. 'Because Obama did it' isn't a legal argument. They are free to make their case, which won't be easy.
 
Althea said:
Incorrect. 'Because Obama did it' isn't a legal argument. They are free to make their case, which won't be easy.
Click to expand...

thats the entire point. They shouldnt have to make the case. Once you do that the judiciary becomes a policy making body.
 
Althea said:
It's not insane. The court simply said that 'because it has Obama's name on it' isn't a legal argument for getting rid of DACA. It forces trumpco to make the case that DACA didn't pay dividends.

Good luck with that.
Click to expand...

Bogus ruling. Trump doesn’t have to follow it. Judge can’t force him
 
Teflon Don said:
I think that is what Althea wants which makes Trump stacking the court even more important
Click to expand...

its partly due to weak conservatives as well. If i was running things i would immediatly make cases using these precedents. Like when hawaii v trump was initially ruled there should have been an obamacare challenge from conservatives on the tax issue as the admin clealy stated it wasnt a tax.

Liberals dont think of the future and the consequences of what they are doing so it should be made clear to them real time.
 
tsuke said:
but its not a law by statute. Trump is literally just reversing the previous things done by the last admin and the judiciary is saying that they see no reason why he should do it (hence arbitrary).
Click to expand...

Well, if they found no reason to stop Obama from enacting the EO in the first place, they saw nothing unconstitutional in it. (Also may have been an issue of legal standing). In this instance, in reversing it a judge found the reversal to be unconstitutional / capricious.

I agree with you that this is not statute by law...my point in my post was exactly that - it doesn't have to be for courts to determine its constitutionality.

This is one of those cases.
 
tsuke said:
to paraphrase scalia it doesnnt have to be smart or something he agrees with it just has to be constitutional. The scary thing about the judiciary apporpriating more power for themselves is they are the branch that is least accountable to the people as they serve for life.
Click to expand...

Yes indeed. The SC doesn't answer to anyone least of all the public. And yet they have given themselves final say on every issue!!
 
You must log in or register to reply here.
Back
Top