The DACA Cases

Scott and I were discussing the DACA cases and while I had not read the briefs or opinions I thought that a due process argument could temporarily prevail against the Administration if the circumstances warranted.  I think it was fair to say that Scott thought the circumstances could not warrant that, ever.  I agreed that without knowing the facts and precedents for this case the current DACA cases might be losers.

Here are two of the most trustworthy legal discussions, both from Volokh Conspiracy, and a link to the California opinion.

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/09/09/assessing-the-administrative-law-claims-against-rescinding-daca/?nid&utm_term=.d99021a00f12

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/09/04/the-case-for-daca/?utm_term=.dc9d6e8e66f1

and

https://assets.documentcloud.org/documents/4345906/1-9-18-DACA-Opinion.pdf

I think these cases are surely eventual losers having read this much.  I think Temporary Relief could be justified based on the Justice Department’s missed argument.  Arguing that DACA was never lawful was a loser where arguing DAPA was never lawful had been a winner.

Read the two articles and the Opinion and come to your own conclusions.

I produced this as filler for the missing Morning Report.  Brent, where are you?

Also, Volokh has a new and better for them home at Reason.com.

 

 

 

 

 

 

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