This "conservative" Supreme Court has handed Trump a double whammy this week, first deciding that "sex" as used in the Civil Rights Act of 1964 includes sexual orientation and gender expression, and now cutting his attempt to cancel DACA off at the knees -- on a technicality. Ian Milhauser examines the decision:
They're so incompetent they can't even get the paperwork right. This is the key element:
This means DHS can try again. Hopefully, they'll as be so busy trying (and failing) to get the "president" re-elected that they won't have time.
For the Supreme Court nerds, it's worth reading the whole article.
Via Digby.
The legal issue in Department of Homeland Security v. Regents of the University of California, an extraordinarily narrow decision preserving the Deferred Action for Childhood Arrivals program, is quite small: whether the Trump administration completed the proper paperwork when it decided to wind down the program.
In a 5-4 decision, the Court held that the administration’s paperwork was insufficient, keeping the program alive for now.
They're so incompetent they can't even get the paperwork right. This is the key element:
The basic rule underlying Regents is that, even when a federal agency has discretion to implement a particular policy, it typically may not do so until it has provided a reasoned explanation for why it chose that policy. Though a court may not “substitute its judgment for that of the agency,” the same court has a duty to assess whether the agency’s decision “was ‘based on a consideration of the relevant factors and whether there has been a clear error of judgment.’”
This means DHS can try again. Hopefully, they'll as be so busy trying (and failing) to get the "president" re-elected that they won't have time.
For the Supreme Court nerds, it's worth reading the whole article.
Via Digby.
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