The Supreme Court has granted the Trump Administration’s request to bypass the 9th Circuit Court of Appeals (and save the SCOTUS the trouble of overruling them again) and hear a direct appeal of a lower court judge who ruled that the government has to keep processing DACA applications, even though Trump has rescinded that program. This could move up the SCOTUS hearing to as soon as mid-February.
It’s easy to see why the SCOTUS made this decision, since the lower court judge indulged in some mighty creative legal reasoning. Even Obama repeatedly insisted he had no Constitutional authority to create DACA (before doing it anyway). It was already unconstitutional, so Trump just used an executive order to send the issue back to Congress, where it belonged in the first place.
So to summarize the judge’s ruling: President Trump has no power to uncreate via executive order a program that Obama did have the power to create via executive order; and even though Obama himself previously admitted it was unconstitutional before doing it, Trump must continue the unconstitutional program because…I don’t know? Because it’s “for the children”?
Seriously, do we really even need to wait until February to have this thrown out? And could we throw this judge out with it?