Supreme Court Rejects Immediate DACA Challenge

JM Ashby
Written by JM Ashby

Good news -- the Supreme Court has rejected the Trump regime's demand for an immediate hearing in front of the Supreme Court to appeal a lower court ruling against his order to end the Deferred Action for Childhood Arrivals (DACA) program.

The Justice Department sought to bypass the Ninth Circuit Court of Appeals and proceed directly to the Supreme Court but the court evidently wasn't persuaded that doing so was warranted or necessary.

From NBC News:

Under a lower court order that remains in effect, the Department of Homeland Security must continue to accept renewal applications from the roughly 700,000 young people who are currently enrolled in the program, known as DACA. The administration had intended to shut the program down by March 5, but that deadline is now largely meaningless.

In a brief order, the court said simply, "It is assumed the court of appeals will act expeditiously to decide this case."

We expected the court would reject the Trump regime's extraordinary demand but there was always the chance the court would defy our expectations.

As for what this means for DACA, it appears the program will remain on the books until at least October. The Ninth Circuit Court of Appeals may issue a ruling in late spring or summer, however the Supreme Court will hear its last oral arguments for the season in April. The Supreme Court won't return to Washington until October for their next session.

It's generally anticipated that the Ninth Circuit will concur with the district court ruling against Trump's order to end DACA. That's why Trump regime lawyers sought to bypass the Ninth Circuit.

But the Ninth Circuit isn't Trump's only problem. A federal judge in Brooklyn under the jurisdiction of the Second Circuit Court of Appeals also recently ruled against Trump's order to end DACA. That case may actually hold more weight behind it as the challenge was filed by more than dozen state government.

  • muselet

    On the one hand, all this means is that fthere weren’t four votes to hear the administration’s emergency appeal; it was a procedural decision. This doesn’t mean the Supremes won’t rule in the administration’s favor once they finally get the case.

    On the other hand, as several commentators have pointed out, this takes away R leverage. The clock isn’t ticking nearly as loudly, so the Rs can’t extract nearly as many painful concessions from the Ds. Politically, this was a big loss for Donald Trump and the Rs.

    Overall, this is good (if potentially temporary) news.


    • ninjaf

      And what of conservative media’s “DACA is UNCONSTITUTIONAL!!!” argument? Yeah, I thought so, too. 🙂

  • Aynwrong

    Democracy’s institutions are pushing back where they can. It’s one of the only comforts I find in the political world these days. Hallelujah for every reprieve the Dreamers can get.

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