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Thomas Gallatin / January 17, 2018

Administration Seeks Quick SCOTUS Ruling on DACA

DOJ bypasses the Ninth Circuit Court in its bid to have this critical issue resolved expediently.

Last week, U.S. District Judge William Alsup, a Bill Clinton appointee in “sanctuary” San Francisco, ruled in favor of a lawsuit brought by Barack Obama’s former secretary of Homeland Security, Janet Napolitano, forbidding President Donald Trump from following through on his decision to end Obama’s executive order-created DACA program. On Tuesday, the Department of Justice announced that it would seek to bypass the Ninth Circuit Court of Appeals and take the case directly to the Supreme Court. That’s yuge.

Attorney General Jeff Sessions defended the unusual move, stating, “It defies both law and common sense for DACA — an entirely discretionary non-enforcement policy that was implemented unilaterally by the last administration after Congress rejected similar legislative proposals and courts invalidating the similar DAPA policy — to somehow be mandated nationwide by a single district court in San Francisco.” Tom Goldstein, publisher of SCOTUSBlog, noted, “It’s an extremely unusual request, one that is granted once in a blue moon. It’s a signal by the Trump administration that they take this issue incredibly seriously and think the justices should, too.”

While this is indeed an unusual action, it is fully warranted given the fact that DACA is not law but an executive order, which a president is free to rescind. Meanwhile, Democrats aren’t actually interested in coming up with a legislative solution to DACA, though they do want to force Trump into keeping Obama’s lawless executive order. Reflecting on the real leftist agenda with the “s—thole” episode, Mollie Hemingway correctly observes, “The out-of-context leak was designed to dampen the prospects of an immigration compromise. You may want to sit down for this, but sometimes people care more about profiting from a problem than solving a problem. What if Democrats are using DACA recipients as human shields for their own electoral plans in November, and to get increased voter intensity, higher political donations, and greater turnout in upcoming elections?”

Why ask, though, when you can just state the fact: Democrats want to drag out DACA as long as possible, especially during an election year, all in a cynical ploy for votes. Trump is looking to end the stalemate.

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