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> The creation of DACA provided such a justification Did the Court have an opinion on this in this ruling? I thought it didn't, in which case the creation of
by rrss 6y ago
> The creation of DACA provided such a justification
Did the Court have an opinion on this in this ruling? I thought it didn't, in which case the creation of DACA has never been held to this "arbitrary and capricious" standard.
- lisper 6y agoI don't know. It's possible that the justification for the creation of DACA was just as deficient as that for its repeal but that no one ever bothered to challenge it in court. I don't know the history. But given how rabid Republicans have been at challenging everything else Barack Obama ever did, that seems improbable to me.
- rrss 6y agoI think what happened is some States that wanted it gone told the Attorney General that they would challenge it as a violation of the APA unless it was rescinded, but then it was rescinded, so that lawsuit was never filed. EDIT: it was filed, not sure if it's still pending or what, see https://news.ycombinator.com/item?id=23565025 https://news.ycombinator.com/item?id=23565025