Roberts writes for The Court, joined by Ginsburg, Breyer, Kagan and Sotomayor. Thomas, Alito, Gorsuch and Kavanugh concur on one part (non-discrimination based on race).
Roberts: “For the reasons that follow, we conclude that the Acting Secretary did violate the [Administrative Procedure Act]” and the decision to rescind DACA “must be vacated.” —and— “The appropriate recourse is therefore to remand to DHS so that it may reconsider the problem anew.”
Thomas for the dissent: “Today’s decision must be recognized for what it is: An effort to avoid a politically controversial but legally correct decision.” —and— “Under the auspices of today’s decision, administrations can bind their successors by unlawfully adopting significant legal changes through Executive Branch agency memoranda.” —and— “This ruling is incorrect and it will hamstring all future agency attempts to undo actions that exceed statutory authority.”
IMHO, as The Court currently sits, there’s no way on God’s Green Earth the 2nd Amendment will survive any case brought to cert.
The question in this case has always been not about whether the Trump administration could terminate DACA, because everyone agrees that it can. The question is whether the Trump administration went about it the right way here and the answer in this case is no.
From me:
Paragraphs, sentences, words, punctuation - all were parsed to the billionth of a percentage point, taken apart, bastardized and more by the treasonous Democrats - and ‘Him’ - to nudge/shove and misdirect… presented by a court with a now obviously compromised chief justice.
Paragraphs, sentences, words, punctuation - all were parsed to the billionth of a percentage point, taken apart, bastardized and more by the treasonous Democrats - and ‘Him’ - to nudge/shove and misdirect… presented by a court with a now obviously compromised chief justice.
Yup. The new extra-constitutional rule is: When Democrats enact a policy, the courts must find a way to salvage it as constitutional (c.f. Obamacare “tax”). But when Trump enacts a policy, the courts must find a way to rule it unconstitutional.
IMHO, as The Court currently sits, there’s no way on God’s Green Earth the 2nd Amendment will survive any case brought to cert.
Potentially a technicality, we’ll see.
But sad that the unconstitutionality of DACA itself was not noticed.
From Amy Howe at SCOTUS Blog:
From me:
Paragraphs, sentences, words, punctuation - all were parsed to the billionth of a percentage point, taken apart, bastardized and more by the treasonous Democrats - and ‘Him’ - to nudge/shove and misdirect… presented by a court with a now obviously compromised chief justice.
Yup. The new extra-constitutional rule is: When Democrats enact a policy, the courts must find a way to salvage it as constitutional (c.f. Obamacare “tax”). But when Trump enacts a policy, the courts must find a way to rule it unconstitutional.