Trump Admin Bypasses Lower Courts, Takes DACA Case Directly To Kavanaugh In Bid To Crush Dreamers
The Department of Justice efforts to gut the program started by former President Barack Obama called the Deferred Action for Childhood Arrivals (DACA) program have been shut down by the Court of Appeals for the Ninth Circuit, But Government attorney Mark B. Stern is now looking to withdraw the case and take it straight to the Supreme Court now that Brett Kavanaugh has been confirmed.
Stern wrote a letter threatening to remove the case if the Ninth Circuit did not rule by Oct. 31 on a challenge to DACA.
Stern’s warning comes as the Supreme Court gained another conservative judge, which switch the balance of the highest court in the country to lean conservative.
“If this court’s decision is not issued promptly,” Stern wrote, “the Supreme Court would not be able to review the decision in the ordinary course until next Term at the earliest.”
“Given the importance to the government of the enforcement of the immigration laws and the issues presented in the case, we respectfully request to resolve the government’s appeal by October 31, 2018,” he added.
NEW: In DACA case pending in the 9th Circuit, the Trump administration has filed a letter asking the court to rule by the end of the month. If it doesn't, the administration says it will go straight to the Supreme Court pic.twitter.com/d6EEONOXl4
— Lawrence Hurley (@lawrencehurley) October 17, 2018
Why would the Supreme Court take DACA issue before the 9th, 2nd, 4th and 5th Circuits have a chance to weigh in? I don't get what the administration's argument would be for shutting down appellate consideration when there's no national emergency https://t.co/O0MutLgOCD
— Alison Frankel (@AlisonFrankel) October 17, 2018