Stephen Miller has lost - DACA upheld by SCOTUS

brycejones

Lifer
Oct 18, 2005
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Surprising ruling, waiting for the details. 5-4 ruling, with Roberts joining the Majority.

"We do not decide whether DACA or its rescission are sound policies," Roberts wrote in the majority opinion. "'The wisdom' of those decisions 'is none of our concern.' We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action."

So basically the Trump administration once again can't follow the rules for changing policies and it bites them in the ass.

Only the best people. /s
 
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K1052

Elite Member
Aug 21, 2003
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Like the citizenship question on the census case the highest court in the land says the Trump administration is just terrible at the governmenting. Lol.

If conservatives don't get a payout in the Louisiana abortion case they are going to convert directly to a plasma phase of incomprehensible rage.
 

Muse

Lifer
Jul 11, 2001
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Don't know how the vote went, but I was not surprised when Gorsuch wrote the ruling when they added LGBTQ to the civil rights act protections. I had the idea that he might emerge as a man with a moral compass... eventually. I had no such hopes for Kavanaugh, though. He's still licking his wounds.

Ah, looks to have been Roberts this time.

The 5-4 ruling was written by Chief Justice John Roberts and joined by Justices Ruth Bader Ginsburg, Elena Kagan, Stephen Breyer and Sonia Sotomayor.
 
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iRONic

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Jan 28, 2006
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Between this and the civil rights ruling I'm getting optimistic that society isn't totally screwed.

Winston Wolfe advice would apply here though...
 
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zzyzxroad

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Since we are in election season trump needs miller out there doing more interviews. He always comes across as cool, calm and collected.
 

interchange

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That's quite a ruling, and it surprises me. It's hard for me to generalize this. The same principle can be argued about many things, and there's no bright line where you could say the gov. not considering something means they didn't meet the procedural requirement of offering justification. On the one hand the ruling strengthens the accountability the government has for its decisions without inhibiting their ability to make bad policy. On the other hand, it seems like a slippery slope. Let's say Trump gets another term and stuffs the court with 2 more picks. Would this not provide a lot of opportunity for people to challenge virtually any federal policy of the next Democrat in office because they failed to consider some sort of impact?
 

ElFenix

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kramer's on it:

defc9efa-b444-4284-bd07-f440d04cc05a-text-hi.gif
 

ElFenix

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also, the only problem with it, so far as roberts is concerned, is that the reasoning was all presented during litigation. kav said that was ok, roberts did not. now the reasoning is already out there, so all trumpy bear has to do is get rid of DACA using the reasoning that's now already out there. that gets roberts back to the conservative side of things, because he buys everything the trump admin says hook, line and sinker.

i guarantee you one of miller's flunkies wrote the memo weeks ago and it's just been sitting on miller's desk waiting.
 

tweaker2

Lifer
Aug 5, 2000
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Trump trying to appease his racists by ruining the lives of thousands upon thousands of folks who consider themselves Americans in heart and soul. Yeah, that's him alright.

Every time Trump flexes that single crippled neuron in his head in his incessant effort to create a fascist state out of our democracy, people suffer in very large numbers. I guess he never got the message that he got hired as a public servant.
 

zinfamous

No Lifer
Jul 12, 2006
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Like the citizenship question on the census case the highest court in the land says the Trump administration is just terrible at the governmenting. Lol.

If conservatives don't get a payout in the Louisiana abortion case they are going to convert directly to a plasma phase of incomprehensible rage.

Was I hallucinating earlier this week when I saw that SCOTUS also turned down hearing that case, among pretty much all the other conservative wetdream cases? --or was that just for the ~3 "right to murder citizens with shooty toy" cases that are out there right now?
 

K1052

Elite Member
Aug 21, 2003
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Was I hallucinating earlier this week when I saw that SCOTUS also turned down hearing that case, among pretty much all the other conservative wetdream cases? --or was that just for the ~3 "right to murder citizens with shooty toy" cases that are out there right now?

They steered clear of almost a dozen gun cases. So far they've had very little interest in weighing in on second amendment cases since Heller.
 

Lanyap

Elite Member
Dec 23, 2000
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Meh, no problem. Trump will sign another EO tomorrow that disbands SCOTUS. Eventually Trump will be in charge of everything because he knows everything.
 

JEDIYoda

Lifer
Jul 13, 2005
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Trump trying to appease his racists by ruining the lives of thousands upon thousands of folks who consider themselves Americans in heart and soul. Yeah, that's him alright.

Every time Trump flexes that single crippled neuron in his head in his incessant effort to create a fascist state out of our democracy, people suffer in very large numbers. I guess he never got the message that he got hired as a public servant.
after all we all know that DACA recipients all vote as Democrats!!
 
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JEDIYoda

Lifer
Jul 13, 2005
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This not the first time that Trumps lawyers have failed to logically give a sound reason for disbanding a program and it has come back to bite them in the ass!! Only the best people....
 

JEDIYoda

Lifer
Jul 13, 2005
33,981
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LOL nice try fukface. You have to have a seat open up first. Or he could always try this:

In other words if Shit Stain doesn`t agree with the Supreme court! Then Shit Stain is screwed!!
Shit Stain actually believes that is id his Supreme Court!! Now that is pathetic!!
 

JEDI

Lifer
Sep 25, 2001
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Surprising ruling, waiting for the details. 5-4 ruling, with Roberts joining the Majority.



So basically the Trump administration once again can't follow the rules for changing policies and it bites them in the ass.

Only the best people. /s
1) from what i understand, Obama made DACA by executive order.
Trump had his attorney general at the time, jeff sessions, say that DACA was illegal instead of issuing a new executive order abolishing DACA.

Supreme Court ruled that it was legal and Jeff Sessions was wrong.

Why cant Trump just issues an executive order reversing Obama?

2) what if Trump ignores the Supreme Court and orders ICE to deport the kids anyway?
 

ondma

Platinum Member
Mar 18, 2018
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That's quite a ruling, and it surprises me. It's hard for me to generalize this. The same principle can be argued about many things, and there's no bright line where you could say the gov. not considering something means they didn't meet the procedural requirement of offering justification. On the one hand the ruling strengthens the accountability the government has for its decisions without inhibiting their ability to make bad policy. On the other hand, it seems like a slippery slope. Let's say Trump gets another term and stuffs the court with 2 more picks. Would this not provide a lot of opportunity for people to challenge virtually any federal policy of the next Democrat in office because they failed to consider some sort of impact?
Yea, that is why I dont think we should become too excited about these two decisions. For sure if Trump gets re-elected, he is going to stack the court even more with "conservatives". Hell, we have to desperately hope that: 1. Ginsberg can hold on another few months. and 2. Trump does not get re-elected.

And despite all the apparent mental and physical deterioration, bat shit crazy shenanigans, racist agenda, corona virus mishandling, and unfavorable polls, I still think it is 50/50 at best that Biden can win.
 

ondma

Platinum Member
Mar 18, 2018
2,721
1,281
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1) from what i understand, Obama made DACA by executive order.
Trump had his attorney general at the time, jeff sessions, say that DACA was illegal instead of issuing a new executive order abolishing DACA.

Supreme Court ruled that it was legal and Jeff Sessions was wrong.

Why cant Trump just issues an executive order reversing Obama?

2) what if Trump ignores the Supreme Court and orders ICE to deport the kids anyway?
Please, dont give him any ideas.
Personally, I dont really understand the DACA order. Would it not have been much better to give them an expedited path to citizenship?