Posts tagged with "SCOTUS"

Living the dream: Supreme Court blocks Trump repeal of DACA immigration program

June 19, 2020

In a 5-4 ruling that affects more than 600,000 undocumented immigrants who were brought to the United States as children, the Supreme Court ruled on June 18 that the Trump Administration did not provide sufficient reasons for canceling the Deferred Action for Childhood Arrivals program (DACA); which was first announced by former President Barack Obama in June 2012.

In an opinion written by Chief Justice John Roberts, the SCOTUS rejected the White House’s decision to cancel the program, which has provided legal protections and work authorizations to undocumented immigrants, The Wall Street Journal reported.

“The dispute before the Court is not whether [the Department of Homeland Security] may rescind DACA. All parties agree that it may. The dispute is instead primarily about the procedure the agency followed in doing so,” Chief Justice Roberts wrote, joined in full or part by liberal Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan.

He added that the decision didn’t address “whether DACA or its rescission are sound policies,” which wasn’t the court’s concern. But the government failed its duty under the Administrative Procedure Act to “provide a reasoned explanation for its action,” including “what if anything to do about the hardship to DACA recipients.”

Indeed, the Journal opines, “The ruling hands President Trump one of the biggest legal defeats of his presidency, and in the middle of an election year in which immigration is again a top political topic. The decision effectively provides relief to more than 600,000 DACA recipients, often referred to as Dreamers, who have been in limbo since Mr. Trump in 2017 decided to wind down the program.”

“Today’s decision must be recognized for what it is: an effort to avoid a politically controversial but legally correct decision,” Justice Thomas wrote. Justice Brett Kavanaugh wrote a separate dissent, the Journal noted.

The court’s ruling doesn’t mean the White House can never cancel DACA, but it will have to come up with new supporting reasons if it tries again to end the program.

The president and his advisers maintained that DACA wasn’t lawful because Congress hadn’t authorized any such policy. The White House and Congress have been unable to reach agreement on how to tackle the issue, or immigration policy more broadly.

According to the Journal, the cancellation of the program was scheduled to begin in March 2018, but lower courts issued rulings that blocked the administration from ending DACA. Judges previously found that the administration offered little explanation or support for its decision, in violation of a federal administrative law that requires government agencies to explain their decision-making to the public and offer sound reasons for adopting a new policy.

Research contact: @WSJ

Opposition to Kavanaugh escalates among voters, especially women

September 24, 2018

Brett Kavanaugh is facing mounting backlash to his Supreme Court nomination, especially among women—turning his hearings and confirmation vote into the most polarized judicial battle in more than a decade, a Wall Street Journal/NBC News poll released on September 20 has found.

Kavanaugh—who is embroiled in a controversy over sexual-assault allegations made by Christine Blasey Ford—is also the first court nominee in Journal/NBC polling dating to 2005 to draw more opposition than support among voters.

According to a report by the Journal late last week, the poll found that 38% of registered voters oppose the Kavanaugh nomination, up from 29% in a Journal/NBC poll last month. Some 34% said they support his nomination, which is about the same as in last month’s poll. More than one-quarter of voters say they don’t know enough to have an opinion.

The poll was taken Sept. 16-19, after Blasey-Ford ‘s letter, accusing Kavanaugh of sexually assaulting her when they were in high school, was released to the FBI by Senator Dianne Feinstein (D-California).

Kavanaugh has denied the allegation, and members of the Senate Judiciary Committee have been debating the terms of a hearing that would draw testimony from the nominee and his accuser.

Kavanaugh’s weak support among women could have political ramifications in an election year in which suburban women are considered an important, swing voting group, the Journal reported. While men split 41% to 33% in favor of the Kavanaugh nomination, support among women was far lower, with 28% favoring the nomination and 42% in opposition.

College-educated women are particularly sour on. Kavanaugh: 49% of them oppose his nomination, while 28% support it.

Analyzed by party, the difference of opinion is wider than for any other nominee since 2005, with 66% of Democrats opposing the Kavanaugh nomination and 73% of Republicans supporting it.

Research contact: @hookjan