McClaughry: The bizarre DACA Supreme Court decision

By John McClaughry

The media has excitedly announced that the Trump administration took a beating at the U.S. Supreme Court, in its effort to undo 2012 Obama executive order giving benefits to children who were brought here by their illegal immigrant parents. This is known as Deferred Action for Childhood Arrivals, or DACA.

The court held that the Trump administration didn’t correctly follow the Administrative Procedures Act when it revoked the executive order that Obama issued without complying with the Administrative Procedures Act.

Actually a majority of both parties in Congress would be happy to legalize DACA children, who have lived here almost all of their lives. But the Democrats want to open the immigration gates and legalize DACA, while the Republicans want to tighten immigration and legalize DACA. So they can’t legalize DACA. This is pathetic.

Personally, I’m all for legalizing the DACA children. But what Obama did was clearly illegal. In his dissent, Justice Thomas wrote, “Today the majority makes the mystifying determination that this rescission of DACA was unlawful from its inception. …. So long as the agency’s determination of illegality is sound, our review should be at an end. … The majority erroneously holds that the agency is not only permitted, but required, to continue administering unlawful programs that it inherited from a previous administration.”

I couldn’t agree more. Five justices are telling Trump that he can’t reverse his predecessor’s illegal act. This is utterly ridiculous.

John McClaughry is vice president of the Ethan Allen Institute. Reprinted with permission from the Ethan Allen Institute Blog.

Image courtesy of Supreme Court of the United States

4 thoughts on “McClaughry: The bizarre DACA Supreme Court decision

  1. Just another case that Liberals including Supreme Court, make the rules as they go,
    agenda-driven rulings………. Pretty pathetic especially, John Roberts no balls or any
    common sense.

    You have an Illegal executive order and you try to repeal it through the legal system
    and these clowns say you can’t…………..wow, now that’s justice……..yeah !!

  2. It’s remarkable that the Supreme Court got involved on ruling about an executive order. Agree or disagree, the court is legislating from the bench. The danger is the court has set a very dangerous president here. A presidental order is an arbitrary guide line not bound by legislative action. The executive order should be and has been as binding as the successor choses it to be. Now, for whatever reason the Court has chosen to go where it does not belong. As for DACA, in this particular case, the DACA program is humane and should be continued.

  3. Scarily, Trump should love this ruling as it codifies a number of illegal acts he may have done and would love to do in the future. If his history is any gage, he has no love of the rule of law. He would do what Hitler said to do in Mein Kampf take tiny bites of liberty, until when it is all gone, it is too late.
    I did not think this Court was so illogical.

    • It’s frightening indeed when we believe that our liberties will be taken by Trump.

      If we look up from our fixation on Trump as potential authoritarian dictator, what we see all around us is our liberties are actually being taken not by Donald Trump, but by the WHO, the CDC, the NIH, and a coalition of actors that includes Dr. Fauci, and that it is they, not Trump, who are continuing to take rather large bites of liberty under the guise of “keeping us safe.” This is right out of Hitler’s playbook, as we should remember that the Reichstag Fire Degree that stripped many liberties from the German people was actually called the “Decree of the Reich President for the Protection of People and State.”

      One of the easiest ways to take liberties from the people is to frighten them and then claim “necessity.”

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