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  1. #26
    Savvy Veteran spurraider21's Avatar
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    original ruling from april

    1. The Department’s Conclusion that DACA Was Unlawful

    Plaintiffs first attack DHS’s reliance on DACA’s purported unlawfulness as a reason torescind DACA. They argue both that DHS failed adequately to explain its legal conclusion, seePrinceton MSJ at 11–17, and that even if DHS’s explanation were adequate, its conclusion waserroneous, see id. at 17–27. The Court agrees that DHS’s decision was inadequately explained, and hence it need not address the alternative argument that DHS’s conclusion was substantivelyincorrect
    so basically the court ruled that DHS gave a ty explanation as to how they came to the determination the DACA was illegal

    “One of the basic procedural requirements of administrative rulemaking is that an agencymust give adequate reasons for its decisions.” Encino Motorcars, 136 S. Ct. at 2125. Thus, whenan agency reverses a prior decision, it must “provide a reasoned explanation for the change.” Id.That explanation need not be “more detailed . . . than what would suffice for a new policy createdon a blank slate,” but it must address the “facts and cir stances that underlay or wereengendered by the prior policy,” including any “serious reliance interests.” Id. at 2125–26 (quotingFCC v. Fox Television Stations, Inc., 556 U.S. 502, 515 (2009)); see also id. at 2126 (“[A]n‘unexplained inconsistency’ in agency policy ‘is a reason for holding an interpretation to be anarbitrary and capricious change . . . .’” (alterations and citation omitted)).

  2. #27
    Savvy Veteran spurraider21's Avatar
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    the government's entire explanation of why they thought DACA was illegal seemed to be:

    - DAPA was illegal, so therefore DACA must also be illegal. the court rightfully brushed that aside because DAPA and DACA are "incongruous"
    - DACA is uncons utional because the AG has the duty to implement laws of congress, and made no attempt to explain the supposed breach of duty that has resulted due to DACA

    finally, the court held that these explanations paled in comparison to the reliance interest of DACA beneficiaries... "many ofwhom had structured their education, employment, and other life activities on the assumption thatthey would be able to renew their DACA benefits.24 The Supreme Court has set aside changes inagency policy for failure to consider reliance interests that pale in comparison to the ones at stakehere"

  3. #28
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    New polling shows strong support for DACA, TPS recipients in key 2020 states

    “found that 74% of Colorado voters,

    71% of Pennsylvania voters, and

    78% percent of Michigan voters,

    believe that the United States government should offer a path to citizenship for Dreamers and TPS-holders.”

    In Michigan, support stretches across party lines,

    with 95% of Democrats,

    80% of independents, and

    56% of Republicans

    supporting protections for undo ented immigrant youth and TPS holders

    American voters have shown overwhelming support for legalizing DACA recipients.
    In one 2017 poll, nearly 90% of respondents across party lines said that “they support a right to residency for undo ented immigrant


    Trump has made crystal clear that his 2020 strategy is all about immigration,

    but voters want solutions and not carnival barking and policies that separate families,”

    https://www.dailykos.com/stories/201...tail=emaildkre






  4. #29
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    GOP super-lawyer Ted Olson facing off against Trump lawyers at the Supreme Court

    Olson, who served as solicitor general under George W. Bush,

    is a notorious heavy-hitting lawyer for right-wing causes.

    He has broadly argued in court for expansion of executive power when Republicans hold the White House, and

    delivered the winning arguments for GOP plaintiffs

    in cases like Bush v. Gore and Citizens United.

    But on the issue of DACA, Olson is representing the “Dreamers.”


    “Executive power is important, and we respect it,” said Olson.

    “But it has to be done the right way.

    It has to be done in an orderly fashion

    so that citizens can understand what is being done and

    people whose lives have depended on a governmental policy aren’t swept away arbitrarily and capriciously.

    And that’s what’s happened here.”


    https://www.rawstory.com/2019/09/gop-super-lawyer-ted-olson-facing-off-against-trump-lawyers-at-the-supreme-court-report/?utm_source=feedburner&utm_medium=feed&utm_campaig n=Feed%3A+TheRawStory+%28The+Raw+Story%29



  5. #30
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    After the SCOTUS hearing,

    observers think DACA is ed,

    since political hack / Catholic asshole CJ Roberts, "swing vote",

    appears to agree with Trash/Miller/etc White Male KKK Nationalists Racists

    5-4 next year, very probably the Dreamers will get nightmare-d.

    Of course, SCOTUS will have no responsibility for deporting 900K employed, educated Dreamers,

    while 10Ms of low-ed, low-wage, "public charge" "white trash" of the Repug cult base stays.

  6. #31
    LMAO koriwhat's Avatar
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    After the SCOTUS hearing,

    observers think DACA is ed
    lets hope

    time to make those dreams a reality for our own citizens instead!

  7. #32
    dangerous floater Winehole23's Avatar
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    Supreme Court blocks DACA rescission.

    Link to decision @ the tweet.


  8. #33
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    Trash kicked in his apocryphal balls again

    fake-Christin Devos was discrimating against DACA by denying them pandemic support, and she got slapped, too.

    HUGE, SICKENING WINS for Trash/Devos/Stephen Himmler Miller

  9. #34
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    Rofl back to back slaps in less than 24 hours.

  10. #35
    🏆🏆🏆🏆🏆 ElNono's Avatar
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    Supreme Court blocks DACA rescission.

    Link to decision @ the tweet.

    Oh wow, totally unexpected. Then again, Congress is in no shape to pass immigration reform now, and this removes a bargaining point from Trump. Good news all around.

  11. #36
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  12. #37
    4-25-20 Will Hunting's Avatar
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    Roberts is pretty fair on overhyped wedge issues like LGBTQ or immigration, but he’s as bad as Alito or Thomas on the rulings that have widespread ramifications.

  13. #38
    Savvy Veteran spurraider21's Avatar
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    God King trump thinks is all about him

  14. #39
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    Roberts said DHS/Trash killed DACA wrongly by violating regulations, not that killing DACA was wrong.

    Message: come back and kill DACA by following the regulations.

    Does Trash and his racist hatchet mob have enough time to kill DACA by the rules?

    I read that some in Congress were expecting DACA to ruled dead, and were planning to revive it legislatively,

    but I doubt the Repug party of racists would have revived DACA on Obama's original terms, or

    even revived it all, since reviving would have inflamed the Repug racist cult mob.

    Last edited by boutons_deux; 06-18-2020 at 11:26 AM.

  15. #40
    4-25-20 Will Hunting's Avatar
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    Roberts said DHS/Trash killed DACA wrongly by violating regulations, not that killing DACA was wrong.

    Message: come back and kill DACA by following the regulations.

    Does Trash and his hatch mob have enough time to kill DACA by the rules?

    I read that some in Congress were expecting DACA to ruled dead, and were planning to revive it legislatively, but I doubt the Repug party of racists would have revived DACA on Obama's original terms, or even revived it all, since reviving would have inflamed the Repug racist cult mob.

    I don’t see what your complaint is. Roberts’ job isn’t to decide on whether or not it’s wrong but rather whether or not it’s cons utional, and I don’t see an argument as to how killing DACA would be uncons utional if Trump had gotten legislative support for it and followed the rules. The only issue before SCOTUS was whether or not Trump followed proper procedure in killing DACA, Roberts’ opinion wasn’t supposed to address the morality of killing DACA.

  16. #41
    Savvy Veteran spurraider21's Avatar
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    looking back earlier in the thread, all they had to do was give a good faith reason for their DACA repeal other than "we have to repeal it because it is illegal" which was just an effort to pander to their base tbh

  17. #42
    Alleged Michigander ChumpDumper's Avatar
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    Yeah, let's not conclude this is some huge defection on Roberts' part. This is about Trump's doing pretty much everything wrong.



    Trump is a terrible president

  18. #43
    Savvy Veteran spurraider21's Avatar
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    well you would imagine its the egregious/improper ones that WOULD get challenged more often, so its not entirely surprising he'd have a losing record. kinda like how prosecutors win most of their cases because they can hand pick which cases they want to fight

    to be fair, i have no clue how this compares to other administrations

  19. #44
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    Yeah, let's not conclude this is some huge defection on Roberts' part. This is about Trump's doing pretty much everything wrong.



    Trump is a terrible president


    I knew he loses more than wins but holy .

  20. #45
    4-25-20 Will Hunting's Avatar
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    Yeah, let's not conclude this is some huge defection on Roberts' part. This is about Trump's doing pretty much everything wrong.



    Trump is a terrible president
    Yep.

    SCOTUS is only going to go so far ruling in Trump’s favor on executive power issues, they know the next president of this country will likely be a Democrat (whether in 2020 or 2024) and they don’t want to set a precedent.

    The only real difference between Roberts and the other conservatives is that he has at least some integrity as a Supreme Court justice and isn’t a partisan hack who’s going to indiscriminately rule in favor of conservative positions every time. If there’s even a hint of cons utional justification Roberts will be aligned with the conservatives, Trump is just really ty at finding cons utional justification

  21. #46
    Savvy Veteran spurraider21's Avatar
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    Yep.

    SCOTUS is only going to go so far ruling in Trump’s favor on executive power issues, they know the next president of this country will likely be a Democrat (whether in 2020 or 2024) and they don’t want to set a precedent.
    so your theory is that the liberal wing of the supreme court did this just to hold back a hypothetical future dem president

  22. #47
    4-25-20 Will Hunting's Avatar
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    so your theory is that the liberal wing of the supreme court did this just to hold back a hypothetical future dem president
    Na maybe I wasn’t clear, that’s why Roberts did it.

  23. #48
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    Brett Kavanaugh walloped by John Roberts in ruling on Trump immigration policy



    “Justice Kavanaugh asserts that this ‘foundational principle of administrative law’ … actually limits only what lawyers may argue, not what agencies may do,” Roberts wrote in his decision.

    “While it is true that the Court has often rejected justifications belatedly advanced by advocates,

    we refer to this as a prohibition on post hoc rationalizations, not advocate rationalizations,

    because the problem is the timing, not the speaker.”

    “The functional reasons for requiring contemporaneous explanations apply with equal force regardless whether post hoc justifications are raised in court by those appearing on behalf of the agency or by agency officials themselves,”

    “Justice Kavanaugh further argues that the contemporaneous explanation requirement applies only to agency adjudications, not rulemakings,” Roberts wrote.

    “But he cites no authority limiting this basic principle —

    which the Court regularly articulates in the context of rulemakings — to adjudications.

    The Government does not even raise this unheralded argument.”

    https://www.rawstory.com/2020/06/bre..._campaign=4809

    ouch!

  24. #49
    Savvy Veteran spurraider21's Avatar
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    Na maybe I wasn’t clear, that’s why Roberts did it.
    ah. wonder why thomas/alito/kavanaugh/gorsuch werent in on this master plan

  25. #50
    4-25-20 Will Hunting's Avatar
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    ah. wonder why thomas/alito/kavanaugh/gorsuch werent in on this master plan
    There have been plenty of other executive power related rulings where one of them was. I’m also not sure why you think it’s some kind of conspiracy or what the point you’re trying to make is.

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