Heritage Legal Scholar Reacts to SCOTUS Decision Not to Review DACA Case

Heritage Legal Scholar Reacts to SCOTUS Decision Not to Review DACA Case

Feb 26, 2018

Today the Supreme Court declined to review a federal judge’s stay on the DACA program. Hans von Spakovsky, Senior Legal Fellow at The Heritage Foundation, reacted to the decision:

 

“In Department of Homeland Security v. Regents of the University of California, the Justice Department took the unusual and rare step of skipping the appeals court and instead requesting the U.S. Supreme Court to intervene and stay a restraining order issued by a federal district court judge keeping the DACA program in place. The Court’s denial of the petition today was a procedural decision. It is not a substantive one on the merits of the case, and doesn’t give any indication as to how the court would ultimately rule. In fact, the Court noted that “[i]t is assumed that the Court of Appeals will proceed expeditiously to decide this case.” In other words, the Court was simply adhering to established procedure in allowing the court of appeals to review the district court’s decision before the Supreme Court decides whether to take up the case.

 

We are confident that when the Supreme Court finally takes up this case, it will rule in favor of the Trump administration. President Obama’s original unilateral action was unconstitutional and President Trump had full authority to rescind that executive overreach.”

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