Judiciary

Ninth Circuit Rules Against Trump Ending DACA

Obama's unconstitutional "Dreamers" order will now head to the Supreme Court.

Political Editors · Nov. 10, 2018

On Thursday, the U.S. Ninth Circuit Court of Appeals ruled that President Donald Trump’s decision to end Barack Obama’s Deferred Action for Childhood Arrivals (DACA) was illegal. In its ruling, the court rejected Trump’s correct argument that DACA was unconstitutionally created in the first place, ruling that “DACA was a permissible exercise of executive discretion.” No it wasn’t, and even Obama repeatedly said so … until it was politically convenient to change his mind. Furthermore, it’s ironic that the court doesn’t think Trump, as the president, has the same authority to rescind Obama’s executive order. In fact, the judges alleged that Trump’s decision to rescind was “based on an erroneous view of what the law required” and that “the rescission was arbitrary and capricious under settled law.”

Seems to us the court contradicted itself in stating that DACA is not law and therefore didn’t require an act of Congress, and yet it has the authority of law and Trump is not free to rescind it.

Responding to the ruling, Justice Department spokesman Steven Stafford stated, “While we are disappointed with today’s ruling, we are pleased that the court has finally acted and that the Supreme Court now can consider our petition for review. The Justice Department will continue to vigorously defend its position on this matter, and looks forward to vindicating that position before the Supreme Court.” And that is exactly where this issue needs to go.

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