The Jury Talks Back


BREAKING: Supreme Court Will Not Immediately Hear DACA Case

Filed under: Uncategorized — 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.

The USA Today story is not entirely accurate when it says that the decision leaves DACA in place. The outrageous order that the Trump administration sought to appeal did not completely undo Trump’s order; it blocked enforcement of the order only as to renewal applications filed by those who had previously submitted applications. Because today’s order is less sweeping than some in Big Media realize, don’t be surprised if Democrats still press for a legislative fix by March 5. Those who never submitted applications before are still affected by Trump’s order.

This does not necessarily signal that the Court will ultimately be unsympathetic to Trump’s position, mind you. It just means that the Court doesn’t want to rush the process. I find that disappointing but not terribly surprising.

[Cross-posted at RedState.]


  1. Texas and 19 other states have used to declare ObamaCare unconstitutional now that the tax mandate is gone. The suit was filed in the U.S. District Court for the Northern District of Texas, Fort Worth Division. There are only 3 judges in the Fort Worth Division. One, Judge Means, is on senior status. Judge McBryde is in his 80’s and could take senior status. That leaves Judge Reed O’Connor, who has ruled on Obama era legislation in the past. Any decision will go to the 5th Circuit. This should be interesting.

    Comment by DRJ — 2/27/2018 @ 7:50 am

  2. The states have sued, not used.

    Comment by DRJ — 2/27/2018 @ 7:51 am

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