Tuesday, March 6, 2018

Here is a reasonable legal decision that manages to criticize Trump while still maintaining the rule of law

Judge rules Trump’s DACA phaseout legal 

Now, this decision does not "overrule" the California decision that puts a national stay on the implementation of the President's policy, but it all but assures at this point that (unless the circuit courts overrule the other two decisions) the USSC will hear the case. At this point the case is both of great policy importance, and there are now split judicial decisions.

It was nice to see this particular Judge use the words of multiple USSC Justices, including Chief Justice Roberts in making his decision. Certainly most legal analysts believe that the USSC will fall in favor of the Administration and agree with this particular District Judge. This decision seems to be a preview of what me will likely see.

I highlighted some of the key parts of this ruling. Those that are in direct contrast to what most people would view as "activist" Justices who feel themselves responsible to make the laws.

Here is some of the Judges comments:
A ccording to the Administrative Record, the basis for the decision to rescind DACA was its presumed unlawfulness in the wake of the DAPA litigation and the threat of imminent legal challenge. The agency’s reasoning is substantiated by the legal advice of the Attorney General and the fact that the memorandum was issued the day before the state parties had threatened to act. A six-month wind down period was provided to avoid the potential for chaos if a court decision resulted in immediate termination, and the President urged Congress to pass Dreamer-protection legislation.15
Complicating the picture for some observers is the unfortunate and often inflammatory rhetoric used by President Trump during the campaign, as well as his Twitter pronouncements, both before and after his election. Thoughtful and careful judicial review is not aided when the President lobs verbal hand grenades at the federal courts, the Department of Justice, and anyone else with whom he disagrees.
As disheartening or inappropriate as the President’s occasionally disparaging remarks may be, they are not relevant to the larger issues governing the DACA rescission. The DACA Rescission Memo is clear as to its purpose and reasoning, and its decision is rationally supported by the Administrative Record. See generally Kleindienst v. Mandel, 408 U.S. 753, 770 (1972) (“[W]hen the Executive exercises [a congressionally delegated power of immigration policies and rules for the exclusion of aliens] negatively on the basis of a facially legitimate and bona fide reason, the courts will [not] look behind the exercise of that discretion.”); Hamdan v. Rumsfeld, 548 U.S. 557, 623–24 n.52 (2006) (“We have not heretofore, in evaluating the legality of executive action, deferred to comments made by such officials to the media.”).16 The executive branch may have the authority to exercise or not exercise prosecutorial discretion as it sees fit, and an agency certainly may refrain from action it reasonably believes to be unlawful. Under the Constitution, it is the responsibility of Congress to determine immigration policy, and the executive branch must only act within its constitutional and delegated legislative authority. Although Congress has repeatedly failed to pass Dreamer legislation in the past, the ball is again in its court. And with 87 percent of Americans favoring some sort of DACA-esque protections, the elected members of Congress should understandably job done now that their authority has been recognized by court decisions and the President.17
In concluding this Opinion, the Court notes the recent opinion of Judge Gonzalo P. Curiel, of the Southern District of California, in which he made observations that aptly apply to this case. In a case involving a challenge to President Trump’s proposed “border wall,” he noted that the case was “currently the subject of heated political debate,” but that in its review of the case, “the Court cannot and does not consider whether underlying decisions . . . are politically wise or prudent.” In re Border Infrastructure Envtl. Litig., No. CV 17-1215 GPC (WVG), 2018 WL 1071702, at *1 (S.D. Cal. Feb. 27, 2018). For this proposition, he cited the opinion of his fellow Indiana native, Chief Justice Roberts, in Nat’l Fed’n of Indep. Bus. v. Sebelius, 567 U.S. 519, 538 (2012): “Court[s] are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices.”
The result of this case is not one that this Court would choose if it were a member of a different branch of our government. An overwhelming percentage of Americans support protections for “Dreamers,” yet it is not the province of the judiciary to provide legislative or executive actions when those entrusted with those responsibilities fail to act. As Justice Gorsuch noted during his confirmation hearing, “a judge who likes every outcome he reaches is probably a pretty bad judge, stretching for the policy results he prefers rather than those the law compels.”35
This Court does not like the outcome of this case, but is constrained by its constitutionally limited role to the result that it has reached. Hopefully, the Congress and the President will finally get their job done.

1 comment:

Anonymous said...

This Court does not like the outcome of this case, but is constrained by its constitutionally limited role to the result that it has reached. Hopefully, the Congress and the President will finally get their job done.


that's the fucking point genius. it's not about you, or what you like or dislike. it's about what is constitutional.

geezus, does everyone attached to this case have to be a preening asshole?