Presidents make mistakes. It comes with the territory. President George W. Bush made more than most in his two terms, but arguably the biggest mistake he made was appointing John Roberts to the level of Chief Justice. He is not an originalist. He is not conservative. He’s an activist judge who wields his power like a man trying to build a legacy. It’s happening, but the legacy he’s building is one of total failure.
Today, he sided with the leftist Justices to reject the President’s executive order rescinding Deferred Action for Childhood Arrivals Program (DACA). His decision reads as many of his past decisions have sounded, as a man grasping for ways to sidestep the Constitution in favor of his moderate brand of social justice. In this case, he pretended like the White House failed to make a clear case, which the four conservative Justices rebuked in their dissent.
DACA has been a blight in America for eight years. It has become a symbol of open borders and today’s decision will open up the floodgates of illegal immigrants once again. With the understanding that they simply have to get their kids across the border to give them de facto citizenship in the United States, we can now expect the migrant caravans to ramp up this summer.
As Breitbart noted, this will now become a huge election issue once again.
The outcome seems certain to elevate the issue in Trump’s campaign, given the anti-immigrant rhetoric of his first presidential run in 2016 and immigration restrictions his administration has imposed since then.
The justices rejected administration arguments that the 8-year-old Deferred Action for Childhood Arrivals Program is illegal and that courts have no role to play in reviewing the decision to end DACA.
Chief Justice John Roberts wrote for the court that the administration did not pursue the end of the program properly.
“We do not decide whether DACA or its rescission are sound policies,“ Roberts wrote. “We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action. Here the agency failed to consider the conspicuous issues of whether to retain forbearance and what if anything to do about the hardship to DACA recipients.”
The Department of Homeland Security can try again, he wrote.
The court’s four conservative justices dissented. Justice Clarence Thomas, in a dissent joined by Justices Samuel Alito and Neil Gorsuch, wrote that DACA was illegal from the moment it was created under the Obama administration in 2012.
Justice Brett Kavanaugh wrote in a separate dissent that he was satisfied that the administration acted appropriately in trying to end the program.
The saddest part is that this actually hurts legal immigrants the most. By keeping this loophole on the books, it decreases the job pool for those coming from south of the border, detrimentally affecting those who went through the proper channels and came to the United States legally. That’s the John Roberts legacy, one that harms legal immigrants and grants higher status to illegal immigrants.
This is just another reason President Trump must be reelected. Contrary to mainstream media’s narrative, the Supreme Court is not right-leaning. John Roberts is a social justice warrior pretending to center-right. Once again, he’s hurting this nation by backing DACA.
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