Sol Rosenberg

Supreme Court Rules on DACA

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Heads are gonna explode....

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If this decision pisses you off, just glance at the pictures of brown children in concentration camps and feel better about yourself. 

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And to think, all this Trump believed the Rs in the SCOTUS gang were working for him.  Traitors!

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Any tweets yet? I've got some Zoom thing running and can't check at the moment. Gonna be epic!

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Roberts sure seems like a bit of an enigma. Forced to preside over the kangaroo court as the senate fellated the chief executive, he stayed out of the way and didn’t try to do anything to legitimize the process. Yet time and time again he stands up when the powerful are trying to take from the meek. ObummerCare, LGBTQ rights, and now DACA. 
 

 

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In the opinion, Chief Justice John Roberts wrote that DHS’s decision to rescind DACA in the fall of 2017 was "arbitrary and capricious."

 

 

The phrase "arbitrary and capricious." does sum Trumps last four years up nicely, the Supreme Court is really not on Donnies side , so unfair.

Gonna be a rant in Tulsa, you better belief it.

Paging Mitch McConnell, please pick up the Red phone.

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The loses political, legal and personal for Trump are coming in the form of a a Tsunami.  He’s no longer a lame duck, he’s now a dead duck.

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1 hour ago, Sol Rosenberg said:

Seems like SCOTUS has ruled  that Trump's administration is incompetent. We already knew that. Nice to have a SC ruling. Reversing an Obama executive order should not be a difficult thing, right? Some competent lawyer types would know how to accomplish it without stumbling like Trump has. Not the first time for this gang. This government administration stuff is not new.

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8 minutes ago, El Boracho said:

Seems like SCOTUS has ruled  that Trump's administration is incompetent. We already knew that. Nice to have a SC ruling. Reversing an Obama executive order should not be a difficult thing, right? Some competent lawyer types would know how to accomplish it without stumbling like Trump has. Not the first time for this gang. This government administration stuff is not new.

I think they got their legal strategy from a facebook poster. "If one president can create it with the stroke of a pen, the other can eliminate it with the stroke of a pen."  Sounds logical, never mind 200 years of case law and the entire APA.

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Just now, MR.CLEAN said:

I think they got their legal strategy from a facebook poster. "If one president can create it with the stroke of a pen, the other can eliminate it with the stroke of a pen."  Sounds logical, never mind 200 years of case law and the entire APA.

This is what happens when we let Foxy News and the AngryBots make policy. 
 

Arbitrary and capricious standard met? Unreal. 

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Great news.  How do the four justices who voted with Trump sleep at night? Or, in the case of Justice Thomas, when court is in session.

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2 hours ago, Raz'r said:

Any tweets yet? I've got some Zoom thing running and can't check at the moment. Gonna be epic!

103940809_3086835808018468_4227453949850

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the MSM's Conservative Wing only posts excerpts from dissents, same as I saw on PJ, DailyCaller, FoxNews, and Breitbart after the last decision that SHOWED AMERICA THAT SCOTUS IS PART OF THE GLOBALIST CABAL

 

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45 minutes ago, Sol Rosenberg said:

103940809_3086835808018468_4227453949850

Excellent!  
Instead of "my bad, guess I should've thought through the ramifications of my hasty EOs, and did things legally" he goes with "Fucking Deep State! Elect me to save your guns!"

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4 minutes ago, Raz'r said:

Excellent!  
Instead of "my bad, guess I should've thought through the ramifications of my hasty EOs, and did things legally" he goes with "Fucking Deep State! Elect me to save your guns!"

He actually called for more Scotus..  Good go..  No way he will get anyone through the process b4 the election,  let alone confirmed.  After, well, Biden can appoint 2...  

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3 minutes ago, shaggy said:

He actually called for more Scotus..  Good go..  No way he will get anyone through the process b4 the election,  let alone confirmed.  After, well, Biden can appoint 2...  

Only congress can change the number of justices.

 

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True...  but apparently, he gonna try...  

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He tweeted that because he couldn't remember what they told him last time he asked about it.

I'm glad he is softening up his people though - gonna be hard for the GOP to argue against the concept when Pres. Joe signs the Judiciary Act of 2021 into law next March or April. "There's always a tweet".

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5 hours ago, MR.CLEAN said:

I think they got their legal strategy from a facebook poster. "If one president can create it with the stroke of a pen, the other can eliminate it with the stroke of a pen."  Sounds logical, never mind 200 years of case law and the entire APA.

I can't seem to find the NPRMs that led to DACA. Please link them.

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6 hours ago, Sol Rosenberg said:

Roberts sure seems like a bit of an enigma. Forced to preside over the kangaroo court as the senate fellated the chief executive, he stayed out of the way and didn’t try to do anything to legitimize the process. Yet time and time again he stands up when the powerful are trying to take from the meek. ObummerCare, LGBTQ rights, and now DACA. 
 

 

I think that Roberts is very much aware of history and the fact that he will be judged. The other four, not so much. Two of them have not been there long enough to understand that they do have a historical role to play. Alito and Thomas seem like fossils.

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4 hours ago, MR.CLEAN said:

Only congress can change the number of justices.

 

Slightly off topic but among the first things Biden should do in January is award Ginsburg the Presidential Medal of Freedom.

 

 

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1 minute ago, Bristol-Cruiser said:

I think that Roberts is very much aware of history and the fact that he will be judged. The other four, not so much. Two of them have not been there long enough to understand that they do have a historical role to play. Alito and Thomas seem like fossils.

...and Kavanaugh's history has nowhere to go but up...assuming he can keep his wiener in his pants during open session.

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can anyone explain this one

 
 
kUuht00m_bigger.jpg
 
The DACA decision, while a highly political one, and seemingly not based on the law, gives the President of the United States far more power than EVER anticipated. Nevertheless, I will only act in the best interests of the United States of America!

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Just now, Shortforbob said:

can anyone explain this one

 
 
kUuht00m_bigger.jpg
 
The DACA decision, while a highly political one, and seemingly not based on the law, gives the President of the United States far more power than EVER anticipated. Nevertheless, I will only act in the best interests of the United States of America!

I think he's dog whistin.

 

It gave Obama so much power!
And I can't figure out wtf to do!
 

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2 hours ago, bpm57 said:

I can't seem to find the NPRMs that led to DACA. Please link them.

Why would I do that?

 

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Donnie not doing too well these days, not to mention all the books.....

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I can't believe that Thomas has stayed awake long enough to comment on 2 decisions this term.... He and Ben Carson seem to be on the same ambien regimen..... One at breakfast, one at lunch, and one after cocktail hour.....

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9 hours ago, Raz'r said:

Any tweets yet? I've got some Zoom thing running and can't check at the moment. Gonna be epic!

 

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1 minute ago, Mid said:

 

He's a little nuts, I think.....

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3 hours ago, MR.CLEAN said:

Why would I do that?

Oh, I thought you supported the APA. You should be able to show that DACA was created following the APA. 

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7 minutes ago, bpm57 said:

Oh, I thought you supported the APA. You should be able to show that DACA was created following the APA. 

So you think the Chief got it wrong mr constitutional scholar? Hahahahha

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3 hours ago, MR.CLEAN said:

Why would I do that?

Yeah, so like the Reich wants you try to engage in a good-faith discussion . . 

so they can laugh at you. 

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3 hours ago, AJ Oliver said:

Yeah, so like the Reich wants you try to engage in a good-faith discussion . . 

so they can laugh at you. ignore anything you said and keep beating that carcass of a dead horse over in the corner.

Fixed.

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15 hours ago, MR.CLEAN said:

the MSM's Conservative Wing only posts excerpts from dissents, same as I saw on PJ, DailyCaller, FoxNews, and Breitbart after the last decision that SHOWED AMERICA THAT SCOTUS IS PART OF THE GLOBALIST CABAL

 

Well, there's always Koch-$pon$ored Trump Cheerleading like this:

Conservative Chief Justice John Roberts Saves DACA and Dreamers
 

Quote

 

...

Justice Roberts noted, that the administration's failure to accommodate the "particular reliance interests" made the elimination of DACA "arbitrary and capricious in violation of the APA."

This is obviously great news for Dreamers because the administration does not have the time now to scrap DACA before the November elections. It is also good news for the vast majority of the country, including 69 percent of Trump voters, who don't have the stomach to watch folks who've built crime-free lives in America with their grit and hard work hauled away from family and friends into detention camps and deported to countries they don't know.

...

 

 

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22 hours ago, Sol Rosenberg said:

If this decision pisses you off, just glance at the pictures of brown children in concentration camps and feel better about yourself. 

I think it's a good ruling in that hopefully it forces the issue back to the critters where it should have been dealt with decades ago.  I'm not holding my breath however, because the critters seem singularly adept at ignoring their responsibility and letting the POTUS rule by decree.  But I think this was JR's big "Fuck You" to both the preznit and Congress and telling Congress in particular to do your fucking job and stop making the courts clean up your messes.  

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2 minutes ago, Burning Man said:

I think it's a good ruling in that hopefully it forces the issue back to the critters where it should have been dealt with decades ago.  I'm not holding my breath however, because the critters seem singularly adept at ignoring their responsibility and letting the POTUS rule by decree.  But I think this was JR's big "Fuck You" to both the preznit and Congress and telling Congress in particular to do your fucking job and stop making the courts clean up your messes.  

Nothing gets through Congress that doesn’t involve borrowing trillions or billions for redistribution to the Best Americans, crumbs for the masses to stem outright revolt in case of emergency, or putting unqualified judges with the right party affiliation on the bench. This will never get through. 

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11 hours ago, bpm57 said:

You should be able to show that DACA was created following the APA. 

Why would I do that?

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7 minutes ago, MR.CLEAN said:

Why would I do that?

Careful.  He's may try to beat your up if you don't do his homework for him.

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Is this the same guy that doesn't know how to find out who wrote a court's decision?

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14 hours ago, Raz'r said:

So you think the Chief got it wrong mr constitutional scholar? Hahahahha

Quite the gymnastics required to admit that DACA was created outside the law then claim that you have to follow the APA to get rid of it.

But of course the lefty echo chamber doesn't care, they got the "big win".

 

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4 hours ago, Grrr... said:

Careful.  He's may try to beat your up if you don't do his homework for him.

Yeah , expecting the party school entertainment lawyer to show the legality of DACA is quite the stretch.

 

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5 minutes ago, bpm57 said:

Yeah , expecting the party school entertainment lawyer to show the legality of DACA is quite the stretch.

 

Seems the law of the land is that DACA is still legal until SCOTUS says otherwise.  

How long will it take the admin to shut the program down if they follow the law?  And if it's such a big deal to them, why didn't they just do it the legal way?  A challenge would have already failed by now and it would be rescinded.  More incompetence?

 

 

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12 minutes ago, bpm57 said:

DACA was created outside the law

 

Weird that they wouldn't have litigated that if it was so obvious.  Maybe old Barr needs your keen eye for legal theory on his team.

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7 minutes ago, MR.CLEAN said:

More incompetence?

When the government takes it in the shorts on an arbitrary and capricious standard, what else could it be but incompetence? They merely had to come up with anything other than "the President is the deciderer" and it's good to go, but they were too busy sucking the balls and working the shaft for a little mushroom surprise that they couldn't be bothered to provide a legitimate reason. 

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27 minutes ago, bpm57 said:

Quite the gymnastics required to admit that DACA was created outside the law then claim that you have to follow the APA to get rid of it.

But of course the lefty echo chamber doesn't care, they got the "big win".

 

Looks like the Supremes don't agree with you cowboy. So sad.

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5 minutes ago, Sol Rosenberg said:

...they couldn't be bothered to provide a legitimate reason. 

Barr certainly knows this stuff. He's has long served under many powerful crooks. Is it Barr's ego that get in the way? That they are governing by decree and therefore have no need for procedure? Or does Trump's intense incompetence, shambolic policy and incessant phone calls of rage overwhelm Barr's ability to function?

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9 minutes ago, MR.CLEAN said:

was sessions at the time

Ahh. Okay. Same though. Sessions had been around political law for decades. He knows how this stuff works. Getting near Trump defeats everyone. He sucks everyone dry for his own aggrandizement. Today it's Tulsa.

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On 6/18/2020 at 5:51 PM, Shortforbob said:

can anyone explain this one

 
The DACA decision, while a highly political one, and seemingly not based on the law, gives the President of the United States far more power than EVER anticipated. Nevertheless, I will only act in the best interests of the United States of America!

I'm no lawyer, and haven't delved deeply into it, but basically, as I understand the issue:

The SC could have ruled that huge changes in Immigration policy, like DACA, was outside a President's power to begin with.  Could have said, "that's Congress' job".  Set a limit as to what can be accomplished via Executive Order.   That would have been one way for him to win, if they'd ruled his order and Obama's order illegal. 

They didn't do that.

They didn't rule that DJT's order repealing DACA was illegal because a President can't repeal another President's Executive order, or anything like that, either.  He lost on administrative grounds.  EO's have to be done a certain way, and this Order (much like the original Travel Ban) was too sloppy & half-assed to pass muster. 

If he can find competent lawyers to write a new one, he can still repeal DACA.

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2 hours ago, frenchie said:

I'm no lawyer, and haven't delved deeply into it, but basically, as I understand the issue:

The SC could have ruled that huge changes in Immigration policy, like DACA, was outside a President's power to begin with.  Could have said, "that's Congress' job".  Set a limit as to what can be accomplished via Executive Order.   That would have been one way for him to win, if they'd ruled his order and Obama's order illegal. 

They didn't do that.

They didn't rule that DJT's order repealing DACA was illegal because a President can't repeal another President's Executive order, or anything like that, either.  He lost on administrative grounds.  EO's have to be done a certain way, and this Order (much like the original Travel Ban) was too sloppy & half-assed to pass muster. 

If he can find competent lawyers to write a new one, he can still repeal DACA.

If the best he can do is Bill Barr, he's fucked.

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6 hours ago, frenchie said:

I'm no lawyer, and haven't delved deeply into it, but basically, as I understand the issue:

The SC could have ruled that huge changes in Immigration policy, like DACA, was outside a President's power to begin with.  Could have said, "that's Congress' job".  Set a limit as to what can be accomplished via Executive Order.   That would have been one way for him to win, if they'd ruled his order and Obama's order illegal. 

They didn't do that.

They didn't rule that DJT's order repealing DACA was illegal because a President can't repeal another President's Executive order, or anything like that, either.  He lost on administrative grounds.  EO's have to be done a certain way, and this Order (much like the original Travel Ban) was too sloppy & half-assed to pass muster. 

If he can find competent lawyers to write a new one, he can still repeal DACA.

Correct. All they had to do was come up with a legitimate reason, and it would not be arbitrary and capricious, the toughest standard a plaintiff can meet. Any legitimate reason passes the test. Among the illegitimate reasons are “because Obama did it” and “because the President wants it”.

They can try to repeal it again, (and pretty much have to, to appease the Faithful before the election,) but it will be challenged in court again, so the result will end up being decided by the voters. 

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19 hours ago, bpm57 said:
On 6/18/2020 at 10:41 PM, Raz'r said:

So you think the Chief got it wrong mr constitutional scholar? Hahahahha

Quite the gymnastics required to admit that DACA was created outside the law then claim that you have to follow the APA to get rid of it.

But of course the lefty echo chamber doesn't care, they got the "big win".

???

Why is it a big lefty win? Because it reduces the ability of you Trumpalos to be mean and ugly to brown people?

DACA was created "outside the law" but that does not make it necessarily unlawful. It's a fair policy. Why should people who were brought here as children be punished? Do you believe in visiting the sins of the fathers upon the sons? For seven generations?

- DSK

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https://www.politico.com/newsletters/playbook/2020/07/10/new-white-house-weighing-another-swing-at-daca-489761

THE BUZZ IN THE WHITE HOUSE is that, at some point over the next week or so, there is a plan in place to resubmit paperwork to do away with DACA. Remember: The Supreme Court said the administration repealed it incorrectly last time, and gave the White House a road map for a do-over.

OF COURSE, this will elicit head slaps from many corners of the Republican Party, but it follows in line with the TRUMP ADMINISTRATION’S consistent political belief that they are somehow at risk of losing their base.

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7 minutes ago, Sean said:


https://www.politico.com/newsletters/playbook/2020/07/10/new-white-house-weighing-another-swing-at-daca-489761

THE BUZZ IN THE WHITE HOUSE is that, at some point over the next week or so, there is a plan in place to resubmit paperwork to do away with DACA. Remember: The Supreme Court said the administration repealed it incorrectly last time, and gave the White House a road map for a do-over.

OF COURSE, this will elicit head slaps from many corners of the Republican Party, but it follows in line with the TRUMP ADMINISTRATION’S consistent political belief that they are somehow at risk of losing their base.

If they do, the ticking clock the administration uses so effectively as a shield in the slow court system, will find it used as a sword against them. 

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6 hours ago, Sol Rosenberg said:

If they do, the ticking clock the administration uses so effectively as a shield in the slow court system, will find it used as a sword against them. 

I think they should make the Dreamers citizens and throw Trump and his spawn out of the country.

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