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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTrump Is Now Openly Defying the Supreme Court
https://slate.com/news-and-politics/2020/07/daca-donald-trump-supreme-court.htmlTrump Is Now Openly Defying the Supreme Court
By Mark Joseph Stern
July 28, 2020
5:20 PM
The Trump administration announced on Tuesday that it will continue to defy a federal court order compelling the full restoration of DACA, the Obama-era program that allows 700,000 immigrants to live and work in the United States legally. By doing so, the administration has chosen to flout a decision by the Supreme Court, effectively rejecting the judiciarys authority to say what the law is.
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Incredibly, the agency has decided to disobey this order, as well. On Tuesday, acting DHS Secretary Chad Wolf declared that it would not accept new applications and would only grant one-year extensions to current beneficiaries on a case by case basis. This tactic will make it easier for Trump to deport DACA beneficiaries if he wins reelection, since their status will expire sooner. The agency will also deny advance parole absent exceptional circumstances. This new policy is nothing less than brazen defiance of a federal court ruling. Grimm, and the Supreme Court itself, ordered DACAs full resuscitation, which requires the acceptance of new applicants and the conferral of two-year renewals. There is simply no legal basis for DHSs zombie version of the program.
The administration has tried this malfeasance before with a different policyand it didnt work then, either. After the Supreme Court blocked Trumps addition of a citizenship question to the 2020 census, Trump insisted they would find a way to do it anyway. That court decision, too, found that the government had violated the law through dishonest incompetence. And in its aftermath, the administration scrambled to work around SCOTUS and snatch a victory from the jaws of defeat. It failed, though not before tiptoeing up to the line of defying the Supreme Court.
Now the administration has crossed that linesprinted past it, really, without any apparent hesitation. It is true that SCOTUS allowed the Trump administration to take another stab at rescinding DACA. But Wolfs memo does not purport to initiate a new process of winding down the program. Rather, Wolf presented these new rules as interim changes while DHS decides how to repeal DACA legally. Certainly, the agency can go back to the drawing board and devise a new method of killing the program. But neither the Supreme Courts decision nor Grimms order gave Wolf the power to limit [DACAs] scope in the interim.
spanone
(135,924 posts)malaise
(269,278 posts)Who will lock up this monster?
cilla4progress
(24,798 posts)when.
Been saying that for 4 years.
Newest Reality
(12,712 posts)Do you remember hearing about that show, Girls Gone Wild?
Well, we are watching a new one called, Rogue Presidents Gone Wild.
It is not a President because it does not act like one. It is a severely damaged, malignant cancer-like, toxic and corrosive force that will take America to its extinction as a democratic republic and then plunge it into 3rd-World status while protecting and promoting the oligarchs and wealthy as the true America.
Meanwhile, the Republicans are actually at: "Let them eat cake." No bread? Well, there must be cake, right. Let the private sector sort it out, or the bodies at least.
Takket
(21,702 posts)someone sues and it spends another year going back to SCOTUS so SCOTUS can say "our ruling still stands" and then the whole process repeats again and again?
At what point does ignoring SCOTUS get these people ARRESTED!!!!!!!!!!!!!
stopbush
(24,398 posts)Unfortunately, the Senate wont vote for removal.
tRump is trampling the letter of the law. The Senate is trampling the spirit of the law.
getagrip_already
(14,950 posts)So they can cast a meaningless vote to convict in an attempt to retain their seats and gop control. But it will never rise to the point of removal.
It would in essence be a get out of jail free card for endangered senators who could feign a backbone knowing trump won't be removed.
BComplex
(8,082 posts)come November. She's letting them go down with the ship, and I think it's a good move.
lagomorph777
(30,613 posts)and if that requires saving the country too, well, that's a sacrifice they're willing to make.
getagrip_already
(14,950 posts)The after-life (after gov life) can be very profitable for good little gop goons. There are cushy no-show jobs in think tanks, universities, lobbying firms, law firms, and political consultancies. Not to mention tv and radio contracts, book deals, and paid speaking engagements.
They can reap millions.
But only if they stay in line. Cause trouble, and wallets slam shut.
They may be angry, demoralized, and they will want to punish trump when they lose. But they won't. They will take the money and stay in line.
nuxvomica
(12,463 posts)Calling it "brazen defiance" is a euphemism.
stillcool
(32,626 posts)Time for a time-out.
FloridaBlues
(4,013 posts)abqtommy
(14,118 posts)theirs and they'll be going down with him...
malchickiwick
(1,474 posts)In a popular quotation that is believed to be apocryphal, President Jackson reportedly responded: "John Marshall has made his decision; now let him enforce it!"
Buns_of_Fire
(17,213 posts)Here's the money quote from an article about it:
Remembering the Time Andrew Jackson Decided to Ignore the Supreme Court In the Name of Georgias Right to Cherokee Land
https://sustainatlanta.com/2015/04/02/remembering-the-time-andrew-jackson-decided-to-ignore-the-supreme-court-in-the-name-of-georgias-right-to-cherokee-land
And here we are.
yonder
(9,685 posts)Cha
(298,018 posts)to come.. and these Lawless Treasonous Assholes are so Sorry the day they decided to break the Law.
ancianita
(36,216 posts)The biggest problem is that the DOJ will not enforce on behalf of SCOTUS.
The next administration, if there is one, will HAVE to pass laws that provide stronger enforcement capability to all federal court rulings, or the judiciary will be dead if it ever sits with a Republican majority government again.
Cha
(298,018 posts)They can attempt a Fascist takeover of our Gov but I don't see how this doesn't end up with civil war.
lagomorph777
(30,613 posts)superpatriotman
(6,254 posts)Needs a re write immediately to prevent this sort of shit from ever happening again
BComplex
(8,082 posts)Andrew Jackson did it, Trump has done it, and the third time will be "the charm" if we don't make sure we close up presidential/DOJ loopholes in the constitution.
BamaRefugee
(3,488 posts)possible item on his agenda, and some that never were, and he'll keep doing it either until Biden is inaugurated or for four more fucking years. We lose/lose no matter what.
And we keep calling Republicans stupid. But it seems to be US who can't find an effective way of fighting back.
warmfeet
(3,321 posts)The rule of law is for people that respect reason, logic, evidence, reality, yadda, yadda, yadda, er I can't be fucking bothered to know a single fact.
Look, if we wanted rule of law we would have voted for it.
Direct evidence says we did not.
Captain Zero
(6,861 posts)Un-American. Any Means Necessary won't bother me.
thucythucy
(8,121 posts)Trump "learned his lesson" when she voted to acquit him.
The lesson of course being that now he can get away with anything.
LuckyCharms
(17,472 posts)there is no law.
triron
(22,030 posts)flibbitygiblets
(7,220 posts)you know, to defend Law and Order?
DSandra
(999 posts)The return of witch burnings, and science books and knowledge being banned?
getagrip_already
(14,950 posts)Even putin has opponents in his "elections". They merely get chosen by his select committees and are barred from campaigning..
What I expect them to do is to assault the legitimacy of constitutional amendments they don't like. So they will turn back the clock so woman and poc can't vote, or own real property, run businesses, or work in any field related to health, safety, any management role or the military (among others). And of course the potus won't be limited to 10 years.
The media won't exist as we know it. Social media will be monitored and controlled. Public schools will be closed. Whites will be able to own people. Killing a woman or non-white will be a property crime at most.
So you see, they won't need any of those things once they get all of this.
Mr. Ected
(9,675 posts)Government by Republicans is anarchy.
DSandra
(999 posts)They believe in social darwinism, pretty much a mad max world where the big powerful groups rule and the small and weak are either destroyed, oppressed, and/or enslaved by the powerful.
ancianita
(36,216 posts)47of74
(18,470 posts)Have parts of the military and law enforcement under the exclusive control of Congress and the Judiciary. Put some real muscle behind the idea of three co-equal branches.
Grokenstein
(5,730 posts)Asking for a nation.
DTomlinson
(411 posts)Cha
(298,018 posts)Ilsa
(61,712 posts)ancianita
(36,216 posts)Hope I hope I hope.
wackadoo wabbit
(1,167 posts)BComplex
(8,082 posts)election to the supreme court like bush the lesser did. Or if he does, I hope they rule against him. We really need to close the loopholes in the constitution before the sun sets on the NEXT president.
DTomlinson
(411 posts)Monsters, all of them (Republicans).