Fox News is reporting that the Justice Department is planning to appeal directly to the Supreme Court to overrule a San Francisco federal judge’s ruling voiding President Trump’s order ending the Obama administration’s controversial DACA program for certain illegal aliens brought to the U.S. as children.
Fox’s Jake Gibson broke the news via Twitter, “*BREAKING* Department of Justice Officials tell Fox News the Trump Administration will appeal the DACA decision by a San Francisco federal court… officials say they actually plan to try to skip over the Ninth Circuit and seek review directly before the Supreme Court. #FoxNews”
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*BREAKING* Department of Justice Officials tell Fox News the Trump Administration will appeal the DACA decision by a San Francisco federal court… officials say they actually plan to try to skip over the Ninth Circuit and seek review directly before the Supreme Court. #FoxNews
— Jake Gibson (@JakeBGibson) January 16, 2018
An article by law professor Josh Blackman blistering the ruling being appealed which also provides background on the case was published by the National Review last week.
The Supreme Court has reversed this judge’s DACA decisions before, and it will do so again.
On January 20, 2017, the executive power peacefully transitioned from President Obama to President Trump. At least one judge in San Francisco didn’t get the memo. Yesterday, Judge William Alsup ordered the Trump administration to keep its predecessor’s Deferred Action for Childhood Arrivals (DACA) program in place. This remarkable 49-page order has all the aesthetics of a judicial decision but is, at heart, an amateur act of punditry. Judge Alsup paints the picture of a divided White House, wherein “the Chief Executive publicly favors the very program [his Administration] has ended.” Citing a “presidential tweet,” the court suggests that DACA’s recision “was contrived to give the administration a bargaining chip to demand funding for a border wall in exchange for reviving DACA.”
These talking points could have been plagiarized from the MSNBC chyron. Such rhetoric in a judicial decision would have been unthinkable barely a year ago. But now it passes for the new normal. Once again, the judiciary has attempted to shackle President Trump from making his own judgments about how to exercise his own power. The Supreme Court has reversed Judge Alsup’s outlandish rulings on DACA before. And it will do so again. In 2012, the Obama administration announced an executive action known as DACA. This policy deferred the deportation of the so-called Dreamers — aliens who had entered the United States as minors but were not lawfully present — and granted them work authorization and other federal benefits. Two years later, the president once again turned to the pen and phone to create a similar deferred-action policy for the parents of U.S. citizens. DAPA, as this second program became known, was successfully challenged in court and never went into effect.
The Obama administration, by its best lights, determined that DAPA and DACA were lawful. The Trump administration reached the opposite conclusion, and moved to rescind both polices. In a normal world, that decision would have been the end of the matter. But in the Bizarro World we find ourselves in, a federal judge has now informed the Trump administration that it must keep DACA in effect.