(National Sentinel) Executive Action: The Trump administration returned Monday evening to the U.S. Supreme Court in an effort to end President Barack Obama’s Deferred Action on Childhood Arrivals (DACA) program, which the White House says was always unconstitutional.
The move is considered to be aggressive and out of the ordinary, The Daily Caller notes, because decisions in a number of federal appeals courts regarding the amnesty program are still pending.
However, the Justice Department informed SCOTUS that action is needed sooner rather than later, as the president has argued publicly that if Obama could create the program out of thin air as an executive action, he should be able to end it in the same way.
The DC notes further:
The Trump administration previously sought the Supreme Court’s review of its efforts to phase out DACA. After two federal judges issued injunctions requiring the government to continue administering the program, the Justice Department bypassed normal appellate procedure and went directly to the Supreme Court on Jan. 18 to vindicate its right to terminate the program.
The justices rejected that request on Feb. 26, but asked the 9th U.S. Circuit Court of Appeals to quickly process the case so it could return to the high court in a reasonable timeframe. Other challenges to DACA repeal efforts are currently before appeals courts in New York and Washington, D.C.
“It is assumed that the Court of Appeals will proceed expeditiously to decide this case,” the Supreme Court’s February order read, but months later, no decision has been forthcoming from famously Leftist 9th Circuit.
Solicitor General Noel Francisco argued in a letter filed with SCOTUS should take the case now even though lower court decisions are pending so that the issue can be decided during the high court’s current term.
“As this Court’s previous order recognized, prompt consideration of these cases is essential,” the letter said. “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,” Francisco noted further.
The Trump administration has argued essentially that federal courts have no say in determining the outcome of DACA because it was created solely at the discretion of the Executive Branch and therefore can be terminated only by the president.
“Even if its termination decision is reviewable, they continue, it is still reasonable and lawful,” The DC reported.
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