In a blow to the Trump administration’s efforts to end the insane ruling of a lower district court over the deferred action for childhood arrivals memorandum, the Supreme Court has decided to follow court procedure rather than take responsibility for the judiciary’s dictatorial behavior and step in. Now the case will need to run through the 9th Circuit Court of Appeals first before they will see the case.
The Supreme Court leaves the DACA challenge pending before the 9th Circuit, where it is in the very early stages. Here is the real body blow for those hoping DACA would be ended sometime soon: the Justice Department has said it would take at least another year to get back to the Supreme Court for a decision on DACA’s future.
In January, a federal judge in San Francisco ruled in favor of the University of California and its president, former Homeland Security secretary Janet Napolitano.
“The district court has entered an unprecedented nationwide injunction requiring the government not simply to tolerate, but to affirmatively sanction, a continuing violation of federal law by nearly 700,000 aliens,” the Solicitor General Noel Francisco said to the Supreme Court Justices, asking them to take the case.
Given the countless examples of the 9th Circuit’s previous rulings and complete disregard for established laws and judicial precedents, the 9th circuit will almost assuredly rule against the administration.
After a ruling from the 9th circuit is obtained, then the administration can again appeal to the Supreme Court to take the case.
The executive memorandum itself is illegal according to its creator, former President Obama. The DACA program allows illegal aliens to remain here if they were under 16 when their parents brought them to the U.S. and if they arrived by 2007. Those given DACA status must renew it every two years.
The judiciary at the district and appeals court levels have demonstrated in this administration that:
- The judiciary can establish new law.
- A single district court judge can overrule the Executive branch and the Congress.
- The Judiciary can take the law and change it to however they see fit without the action of any legislature.
The status of the Judiciary needs to be addressed sooner rather than later, because one day an appellate judge is going to decide that they no longer support the bill of rights and actually get a ruling with a majority opinion on it.