3 ms·

DACA itself was not legislated. It was an executive order issued by President Obama. Live by the sword, die by the sword. It's well within the power of the Pres

by koolba 6y ago

DACA itself was not legislated. It was an executive order issued by President Obama. Live by the sword, die by the sword. It's well within the power of the President to rescind a previous President's executive orders. Honestly the court copped out of addressing the issue. The correct ruling would be to uphold the rescinding of DACA and force Congress's hand to act on the issue. Just because the intermediate outcome is not pretty does not mean an action is wrong.

ceejayoz 6y ago
> It's well within the power of the President to rescind a previous President's executive orders. To a point. The SCOTUS opinion here decides that DACA constituted a new program, and that the APA establishes legal requirements when canceling a program that the Trump administration did not follow. They didn't decide either way on whether the Trump administration can rescind the program - it's likely they'd decide Trump can. They just decided he didn't follow the rules properly when he did it.
- koolba 6y ago
  > They didn't decide either way on whether the Trump administration can rescind the program - it's likely they'd decide Trump can. They just decided he didn't follow the rules properly when he did it. That's why this is such a terrible decision. They went out of their way to find a reason to not address the case itself. If the precedent this sets is that subsequent President's executive actions will take more than a full term to work through the courts to rescind, you can be damn well sure that Trump will take advantage of that on the way out.
  - ceejayoz 6y ago
    > They went out of their way to find a reason to not address the case itself. I wouldn't put this on the Court. They're not supposed to rule on questions that aren't before them. DACA opponents are welcome to file suit against DACA alleging it was illegally created/implemented. That they relied on Trump to just rescind it, and got burned by the administration's incompetence in doing so, is on them, not the Court.

by koolba 6y ago

ceejayoz 6y ago

> It's well within the power of the President to rescind a previous President's executive orders. To a point. The SCOTUS opinion here decides that DACA constituted a new program, and that the APA establishes legal requirements when canceling a program that the Trump administration did not follow. They didn't decide either way on whether the Trump administration can rescind the program - it's likely they'd decide Trump can. They just decided he didn't follow the rules properly when he did it.

koolba 6y ago
> They didn't decide either way on whether the Trump administration can rescind the program - it's likely they'd decide Trump can. They just decided he didn't follow the rules properly when he did it. That's why this is such a terrible decision. They went out of their way to find a reason to not address the case itself. If the precedent this sets is that subsequent President's executive actions will take more than a full term to work through the courts to rescind, you can be damn well sure that Trump will take advantage of that on the way out.
- ceejayoz 6y ago
  > They went out of their way to find a reason to not address the case itself. I wouldn't put this on the Court. They're not supposed to rule on questions that aren't before them. DACA opponents are welcome to file suit against DACA alleging it was illegally created/implemented. That they relied on Trump to just rescind it, and got burned by the administration's incompetence in doing so, is on them, not the Court.