The judiciary has been steadily shifting to the right ever since President Trump took over appointing judges. But it still remains left-leaning in general and far left in some areas, making it difficult for the President to roll back some of the executive orders put in place by his predecessor. One of those executive orders is the Deferred Action for Childhood Arrivals, better known as DACA.
The administration was dealt another blow when a federal appeals court in San Francisco ruled the President cannot immediately end DACA.
“The Executive wields awesome power in the enforcement of our nation’s immigration laws,” the ruling said. “Our decision today does not curb that power, but rather enables its exercise in a manner that is free from legal misconceptions and is democratically accountable to the public.”
The ruling comes just days after the Trump administration asked the Supreme Court to take over three cases concerning pending lawsuits that seek to preserve DACA.
Regardless of whether you support or oppose DACA, it behooves you to want President Obama’s executive order ended. This needs to be legislated, not ordered by the executive, and as long as DACA stays intact they will not find a solution on Capitol Hill.
It’s going to take the Supreme Court overturning lower court decisions for the President’s executive order to work. This latest decision should be lumped together with previous decisions and come before the Supreme Court together.
Some might think this is a slam dunk based on the new makeup of the Supreme Court. Replacing Justice Kennedy with Justice Kavanaugh made the court lean to the right with originalist tendencies, but this particular issue has many layers. It’s possible this court would have ruled against the initial DACA executive order while still ruling against President Trump’s executive order because both have Constitutional problems.
Nevertheless, I’m confident they will rule in favor of Trump’s executive order.
DACA needs to end. If Congress continues to fail at resolving this issue, it will take the Supreme Court to affirm the President’s ability to end it. This should have been unnecessary, but Congress and lower courts have failed.