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A Ludicrous Ruling That Trump Can’t End DACA
National Review Online, by Josh Blackman

Original Article

Posted By:MissMolly, 1/11/2018 4:52:41 AM

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

      


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Reply 1 - Posted by: F15 Gork, 1/11/2018 6:14:48 AM     (No. 11506552)

Look on the bright side. When CA finally slides off into the Pacific, the 9th circuit will go with it.

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Reply 2 - Posted by: miceal, 1/11/2018 6:40:54 AM     (No. 11506578)

Jeff Sessions needs to get off his backside and begin the process of impeachment and removal of this activist dolt passing himself off as a judge...

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Reply 3 - Posted by: Krause, 1/11/2018 7:41:17 AM     (No. 11506622)

So the judge is also a political analyst?

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Reply 4 - Posted by: lakerman1, 1/11/2018 8:27:31 AM     (No. 11506644)

Jeff Sessions is not responsible for the impeachment of the judge. The House of Representatives is, and with a positive vote to impeach, the matter is sent to the Senate, where a 2/3 majority is needed to remove the judge.
What Jeff Sessions can do is to have the Solicitor General file an expedited request to the U.S. Supreme Court to handle the immigration issue. The Court, in turn, can do what it did to the 9th circuit back in the 1990s on a death penalty case.A. It can instruct the circuit to stop ruling on pending immigration issues. And the order can apply to all circuits.

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Reply 5 - Posted by: kennedylaw, 1/11/2018 9:07:44 AM     (No. 11506674)

Whatsoever our Dear Leader Barry The Obamanation spaketh must remain as the eternal law!

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Reply 6 - Posted by: Clinger, 1/11/2018 9:14:48 AM     (No. 11506680)

A democrat socialist POTUS can enact DACA but a Republican POTUS cannot reverse that decision. Gee wiz perhaps that´s why we have a congress and a constitution so we have a consistent form of government and don´t become a completely different nation with every change at the top.

And it´s important top note that Trump, rather than doing as Obama did and abuse his power, correctly handed the issue to congress where it belongs.

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Reply 7 - Posted by: jimjr, 1/11/2018 9:57:09 AM     (No. 11506725)

So let me get this right, a Federal "Judge" has decided that the President can´t terminate an illegal policy enacted by the previous administration, because "tweet"?

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Reply 8 - Posted by: dvc, 1/11/2018 10:46:47 AM     (No. 11506802)

Trump should just say, "This is the reversal of an illegal executive order, and is beyond the perview of the judiciary, entirely an Executive Branch issue."

Then ignore their tantrums.

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Reply 9 - Posted by: dman, 1/11/2018 11:46:50 AM     (No. 11506869)

Dittos, #8. These judicial bullies will keep this up until someone stands up and defies their "orders".

No, don´t appeal it to higher judicial bullies : just defy it. No one in black robes - including SCOTUS - has authority in this matter.

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Reply 10 - Posted by: Heraclitus, 1/11/2018 2:49:36 PM     (No. 11507073)

POTUS: just rescind DACA now. No deals, no waiting, no March deadline. Just rescind it.

THen it´s time for repatriation of the "kids", with their parents/family/faux families. When their Congressional advocates (advocates for ILLEGAL aliens) whine about these "kids" only knowing English, well, their parents still speak their native languages. They´ll do fine!

Send them home in an orderly fashion, but speedily, starting with the most recent arrivals. Then they can begin the process of applying for temporary alien status or green card or something.

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