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However DACA itself is unlawful in that it is an Executive Order undermining Federal immigration law, so the administration's rescinding it on the basis of its
by twsttest 6y ago
However DACA itself is unlawful in that it is an Executive Order undermining Federal immigration law, so the administration's rescinding it on the basis of its unlawfulness should be sufficient enough justification. The problem is that the Court's ruling indicates that an EO which subverts existing law cannot be overturned by subsequent administrations simply on the basis of its illegality. Justice Thomas' dissent says exactly this.
That's incredibly problematic. According to the recent ruling therefore, a President has the power to issue and EO which prevents the enforcement of certain laws.
- brandmeyer 6y agoI urge you to read the SCOTUS opinion itself, and not just the rhetoric you may have heard in the media about the opinion. Because this: > According to the recent ruling therefore, a President has the power to issue and EO which prevents the enforcement of certain laws is flatly untrue.
- twsttest 6y agoIs it? DACA is unconstitutional in that it prevents enforcement of law yet now it cannot be repealed on the pure basis of its illegality. I want to be wrong, but I don't see how this isn't the precedent being set.