After the Ninth Circuit Court of Appeals delayed ruling on President Trump’s annulment of Obama’s Deferred Action for Childhood Arrivals (DACA) executive order, the Justice Department acted last night, asking the Supreme Court to get involved, once again.
The Trump administration previously sought SCOTUS review of its intention to repeal DACA.
However, after two federal judges issued injunctions requiring the government to keep on supporting the program, the DOJ bypassed the appellate procedure and went directly to the Supreme Court arguing it’s complete right to terminate the program.
The justices rejected that request on Feb. 26, but requested the appeals court to speed up the process.
“It is assumed that the Court of Appeals will proceed expeditiously to decide this case,” the Supreme Court’s February order read.
However, since then, the appeals court has done nothing.
In a letter accompanying yesterday’s petition, Solicitor General Noel Francisco explained that the high court should take the cases now, especially since the appellate courts have failed to follow instructions.
“As this Court’s previous order recognized, prompt consideration of these cases is essential,” he wrote. “By virtue of the district courts’ orders, DHS is being required to maintain a discretionary policy of non-enforcement sanctioning an ongoing violation of federal law by more than half a million individuals.”
“Yet, absent prompt intervention from this Court, there is little chance this dispute will be resolved for at least another year,” the letter added.
The Trump administration has argued that the decision to repeal DACA is not up to the courts, since the program exists entirely at the executive branch’s discretion.
Many people agree.
Because Obama arbitrarily granted amnesty to these illegal aliens, it is up to the current president whether or not to continue to grant that amnesty… not to mention the fact that the executive order’s constitutionality is also disputed.
Jeff Sessions added after Vanita Gupta, president of the Leadership Conference on Civil and Human Rights, called the move an election stunt, “The Department of Justice should not have been forced to make this filing today — the 9th Circuit should have acted expeditiously, just as the Supreme Court expected them to do, but we will not hesitate to defend the constitutional system of checks and balances vigorously and resolutely.”
They have dragged their feet for over eight months, doing nothing, and many people think that this was in hopes of seeing democrats take control of congress… a pipe dream.