June 18, 2020

Benedict Roberts Does DACA

Timothy Birdnow

Oops he did it again!

I warned everyone about John Roberts when George W. Bush wanted to appoint him to SCOTUS; he was a lifelong insider and the Democrats were happy with his selection. Now we are paying the price.

Supreme Court rules against Trump administration bid to end DACA program

From the article:

In a 5-4 decision, with Chief Justice John Roberts joining the liberal members to author the opinion, the court said the Department of Homeland Security's move to eliminate the program was done in an "arbitrary and capricious" manner although they did not rule on the merits of the program itself.

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

Huh? An Executive Order cannot be rescinded by a subsequent President?

Notice they left the door open so Trump's successor can rescind HIS eo's.

An executive order is a presidential edict that is only applicable to his own department. What Obama did was simply order his government NOT to enforce immigration law. It was illegal, but so many people want these aliens kept here. So now along comes SCOTUS to rule Mr. Trump cannot start enforcing the law.

How do they justify that? They say that since illegals apply for the program and receive benefits that somehow changes it from an act of overreach into a act of Congress.

The article continues:

In Thursday's opinion, Roberts wrote that when the administration rescinded DACA it"failed to considerthe conspicuous issues of whether to retain forbearance" -- referring to the non-enforcement of immigration laws to remove those with DACA protection --as well as the impact the decision would have on DACA recipients who have relied on the program.

"That dual failure raises doubts about whether the agency appreciated the scope of its discretion or exercised that discretion in a reasonable manner," Roberts wrote, noting that the administration could have scrapped the benefits provided by DACA while keeping the non-enforcement policy, but instead eliminated all of it without even giving a reason for ceasing non-enforcement.

"The appropriate recourse is therefore to remand to DHS so that it may consider the problem anew."

This is an attempt to prevent Trump from rescinding the policy; Roberts knows that eventually the Administration will try again, and again will have to work his way through the court system until it is reviewed anew by his Majesty, the Chief Just-ass.

Eventually Trump's administration will run out of time and an incoming administration, be it Democratic or Establishment Republican, will simply let it drop. Oh, and the longer this goes the harder it will be to kick these people out. They have now been here for over a decade.

This is utterly vile, a monumental usurpation of authority by a black-robed tyrant.

In his dissent Clarence Thomas wrote:

"Without grounding its position in either the APA or precedent, the majority declares that DHS was required to overlook DACA’s obvious legal deficiencies and provide additional policy reasons and justifications before restoring the rule of law. This holding is incorrect, and it will hamstring all future agency attempts to undo actions that exceed statutory authority. I would therefore reverse the judgments below and remand with instructions to dissolve the nationwide injunctions.”

But of course Justice Thomas' dissent is of no importance as public policy will obey Benedict Roberts.

America is dying from immigration and the creation of new nations inside this country. If we cannot stop people from coming here against our will, if we cannot enforce the laws on the books, we have no real nation.

And we're being routed by the radical left, which is now openly moving against America.

In a sane world President Trump would simply flip SCOTUS the bird here. But we do not live in a sane world.

This country is toast...

Posted by: Timothy Birdnow at 11:37 AM | Comments (2) | Add Comment
Post contains 670 words, total size 5 kb.

1 More and more, it is evident that what Bush SHOULD have done when the Chief Justice slot became open was to have appointed Clarence Thomas to that position. And he should have found someone far better than John Roberts for ANY position on that court!

Posted by: Dana Mathewson at June 18, 2020 01:51 PM (XKKC5)

2 Yeah; Thomas would have  been formidable, even though they would have tried to resurrect Anita Hill.

Roberts was and is a craven insider who is more interested in pleasing the intelligentsia than actually doing his job.

Posted by: Timothy Birdnow at June 19, 2020 07:43 AM (mqZcM)

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