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Supreme Court Provides a Respite for DREAMERS

The Supreme Court today invalidated Donald Trump's order ending President Obama's DACA program for DREAMERS, which provided a two year haven from deportation for children who came to this country without proper papers and met certain criteria. The program did not create a "path to citizenship". However, for the more than 700,000 who enrolled, the two year respite from deportation was renewable.

The Court did not rule on whether the program was lawful or not. It merely held that Trump's order was procedurally invalid because it did not provide enough of a reason for ending DACA. The opinion is here.

We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action.”

Chief Justice John Roberts joined with the four liberal justices to hold that Trump's explanation at the time was inadequate. He's free to try again, but since any grounds he gives will be challenged through the courts, the final resolution will likely be after the November election, so DREAMERS can breathe a sigh of relief today.

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  • Display: Sort:
    Roberts had no problem (5.00 / 1) (#4)
    by smott on Fri Jun 19, 2020 at 08:03:37 AM EST
    With this case ideologically, that's what should worry us.
    He just didn't accept the half assed pretext.

    Roberts is as much a racist hack as the other 4 - he just cares  more about looking stupid.

    After all the things Roberts has done for us (none / 0) (#7)
    by CaptHowdy on Fri Jun 19, 2020 at 08:49:02 AM EST
    That seems a bit uncharitable

    Sure, he is a conservative.  We knew that.  But from the Affordable Care Act to the census to gay rights and marriage to DACA he has delivered.

    I for one see no productive reason to keep kicking him.  We could do so much worse.

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    That said (none / 0) (#9)
    by CaptHowdy on Fri Jun 19, 2020 at 09:25:03 AM EST
    I agree with Dahlia Lithwick.

    In both the census and DACA Roberts message seemed to be. If you are going to lie, please, lie better.

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    Wonkette (5.00 / 1) (#27)
    by CaptHowdy on Fri Jun 19, 2020 at 05:31:20 PM EST
    John Roberts Would Love To Call Strike For You, Trump, But You Have To Throw Ball Inside The Stadium



    Parent
    I think you're too kind (none / 0) (#10)
    by smott on Fri Jun 19, 2020 at 10:54:14 AM EST
    He gutted the VRA on an embarrassingly facile pretext.
    While I agree we could do worse, I guess I'm tired of that being our standard.


    Parent
    You are correct about the Shelby County (5.00 / 1) (#22)
    by Peter G on Fri Jun 19, 2020 at 01:09:58 PM EST
    Voting Rights Act decision. That opinion is indefensibly bad (and evil and harmful), in a class with Bush v. Gore, that is, approaching Dred Scott, Korematsu and Bowers v. Hardwick territory. But most of the rest of your criticisms of Roberts are overstated and off the mark.

    Parent
    Made me lookup Bowers v. Hardwick (5.00 / 1) (#29)
    by oculus on Fri Jun 19, 2020 at 07:13:09 PM EST
    Has nothing to do with standards (none / 0) (#11)
    by CaptHowdy on Fri Jun 19, 2020 at 11:05:11 AM EST
    He is there.  He is going to be there for 30 years.  Calling him a racist hack who is beyond redemption when he delivers for us when he is getting kicked even harder from the right for delivering for is not productive.  

    However good it may feel.

    Fortunately he does not seem to care much about kicks from either side.

    Parent

    Fewer friends than Bolton (none / 0) (#12)
    by CaptHowdy on Fri Jun 19, 2020 at 11:12:35 AM EST
    Carrie Severino, president of the conservative group Judicial Crisis Network, told Fox News on Friday that Chief Justice John Roberts is "complicit" in the Supreme Court "being used as a partisan tool" to undermine the Trump administration.

    "What we are starting to see is a pattern of the chief justice unfortunately just being complicit and the court being used as a partisan tool to try to delay and undermine this president's administration in their actions," Severino, a former clerk for Justice Clarence Thomas, said on "Fox & Friends."



    Parent
    Never said he was beyond redemption (none / 0) (#13)
    by smott on Fri Jun 19, 2020 at 12:14:40 PM EST
    One can always hope.
    But I do stand by racist. He's been after the VRA since he was a clerk.
    And I stand by hack. His absurd ruling in Shelby was literally that we no longer have racial disparities in America, therefore we no longer need POC voter protections. He was rightfully eviscerated by RBG who said that was akin to "putting away your umbrella in a rainstorm because you're not getting wet."
    Absolutely a hack opinion.

    All he wanted was a fig leaf from Trump and he was prepared to go along. That's terrifying.

    Parent

    I agree that we (none / 0) (#14)
    by KeysDan on Fri Jun 19, 2020 at 12:28:18 PM EST
    look at the Chief Justice with a pragmatic eye and that it is unproductive to "keep kicking him."  However, as Mr. Dooley, the fictional barkeep of the sarcastic commentator, Peter Finley Dunn, said over a century ago, "..the Supreme Court follows the election returns."  And, after FDR's ill-fated attempt to expand the Supreme Court up to 15 justices, it happened that a couple of justices has an epiphany so as to see the New Deal in a different light.

    Accordingly, in my view, it is not unreasonable to continue with not only criticisms of any of the Justice's opinions, but also, to assure that they recognize the environment in which statutory interpretations and constitutional matters are decided.  As you note, Chief Justice Roberts will likely be around for a good while.

    And, I believe, in Robert's case, that environment may be registering.  He joined Gorsuch, writing for the majority's holding that Title VII of the Civil Rights Act of 1964 protected sexual orientation and gender identity.

    However, in Windsor (DOMA unconstitutional) Roberts dissented, as he did in Obergefel (same sex marriage).  Indeed, Obergefel, for the first time since joining the Court, Roberts read his dissent for emphasis.

    While I never expect Roberts to become a Harry Blackmun or David Souter, he may, as Chief Justice (unlike the hopeless Thomas and Alito) consider cases before him as if they are being decided in the 21st Century, albeit in baby steps or faced with unlawful or glaringly apparent corner-cutting, dishonesty and capriciousness, as evident in DACA.  

    In ACA, Roberts did save the day, but he did try to find an ersatz middle way by disallowing requirements for states to expand Medicaid.

    The decision on Trump's tax returns will be a test. My hunch is that he will find a way to require their release, but it must be keep to authorized Congressional chairs--as the best case scenario.  We will see.

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    There is a difference (5.00 / 1) (#15)
    by CaptHowdy on Fri Jun 19, 2020 at 12:30:43 PM EST
    Between criticizing his opinions and calling him a racist hack.

    But as I said it doesn't seem to matter to him.

    Parent