US Supreme Court will not allow Trump to bypass 9th Circuit in DACA case

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Legal Insurrection

US Supreme Court will not allow Trump to bypass 9th Circuit in DACA case

Posted by William A. Jacobson    February 26, 2018 at 10:34am

Extraordinary procedure, which is rarely granted, denied, so trial court order preventing Trump from ending DACA remains in force, for now.

We previously reported that the Trump administration took the unusual step of trying to get the Supreme Court to hear the case of the San Francisco federal district court order preventing Trump from ending DACA without getting a ruling first from the 9th Circuit.

What made the procedure confounding, is that the administration did not seek a stay from the 9th Circuit and then the Supreme Court, only expedited direct Supreme Court review on the merits. That direct review procedure is rarely granted.  At the same time, the administration filed an appeal in the 9th Circuit.

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White House demands swift decision on DACA after Supreme Court refuses to hear appeal

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2/26/2018

BREAKING: Supreme Court Will Not Immediately Hear DACA Case

Filed under: General — Patterico @ 7:15 am

The Supreme Court has refused to immediately undo a federal judge’s order that the Trump administration continue to process certain DACA applications. USA Today:

The Supreme Court refused Monday to review a federal judge’s order that the Trump administration continue a program protecting undocumented immigrants brought to the United States as children.

The denial leaves in place the popular DACA program, which has protected some 690,000 undocumented immigrants from deportation and enabled them to get work permits.

The program had faced a March 5 deadline for congressional action set by Trump last summer. Two federal courts have ruled the administration’s action was illegal.

The case will now follow the normal (meaning much slower) appeals process.       

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February 27, 2018

DACA and the Politicization of the Courts

By Evan Berryhill

As the immigration battle rolls on in Congress, the Supreme Court decided last week not to take up a District Court ruling that blocks President Trump from deporting those illegally in America who are covered by the Deferred Action for Childhood Arrival (DACA) program.  This decision follows an appeal from the Trump administration after a second federal judge from the Eastern District of New York blocked President Trump from ending DACA protections earlier this month. 

Unsurprisingly, it was the Northern District of California in January that first blocked the Trump administration's efforts to end the program. The decision of the Supreme Court will leave DACA protections in place for the time being, as the District Court's decision will inevitably make its way through the Circuit Courts.

Though this is a temporary setback for the Trump administration, we've seen this story unfold before.  After President Trump rolled out his travel ban, it was almost immediately that groups challenged the ban in federal court.     https://www.americanthinker.com/articles/2018/02/daca_and_the_politicization_of_the_courts.html

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They didn't rule against his executive action. They merely decided to let the case take the usual legal course

SCOTUS rebuke of Trump on DACA is not what the media are telling you it is

By Dan Calabrese —— Bio and Archives--February 27, 2018

As usual, the media are pretty excited about anything they can portray as a rebuke of the Trump Administration or its policies. They’ve had a pretty good time with low-level, liberal federal judges striking down perfectly legal executive orders, particularly on immigration, but those lower-court rulings usually get overturned by the Supreme Court because they’re completely unconstitutional and without any legal basis. They’re just liberal judges smacking the president because they want to.

So the media thought they really had something yesterday when the Supreme Court said no to a Trump Administration request that it step in and immediately settle the latest legal challenge to Trump’s discarding of DACA. Gleeful headlines informed us that SCOTUS had rebuked Trump and refused to restore his order to end DACA protection for people who were brought here illegally as children.

The only problem is that is not what SCOTUS actually did:      http://canadafreepress.com/article/scotus-rebuke-of-trump-on-daca-is-not-what-the-media-are-telling-you-it-is