Live blog of opinions - Thursday, June 18, 2020
We live-blogged on Thursday, June 18, as the Supreme Court released its opinion in Department of Homeland Security v. Regents of the University of California. SCOTUSblog is sponsored by Casetext: Making litigation more efficient with A.I. and machine learning technology.
3rd & 7 37yd
3rd & 7 37yd
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The majority says that the decision to terminate DACA was arbitrary and capricious because the acting secretary's decision to terminate the program discussed the legality of the benefits associated with DACA but didn't discuss forbearance (the decision to defer removal) or whether there was legitimate reliance on the DACA memorandum.
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So, as the Chief says toward the beginning of the decision, the question in this case has always been not about whether the Trump administration COULD terminate DACA, because everyone agrees that it can. The question is whether the Trump administration went about it the right way here, and the answer is no.
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Kavanaugh chides the majority for looking only at the memo from Acting DHS Secretary Elaine Duke, when in his view it should have also considered the memo from former DHS Secretary Nielsen, which he believed provided additional and adequate explanation for the decision.
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Okay, that is my first run through the opinion. To summarize broadly: Five justices (Roberts, RBG, Breyer, Sotomayor, and Kagan) agree that the Trump administration violated the laws governing federal agencies when it decided to end DACA because the memorandum that Acting Secretary Elaine Duke wrote to recommend termination failed to consider important parts of the problem before the agency,. Four of those justices (all but Sotomayor) rejected the challengers' argument that the decision to end DACA was motivated by an intent to discriminate against Latinos.
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Thanks, everyone, for joining. Stay on the lookout for further analysis on today's opinion from Amy and a host of other contributors. We'll let you know, likely later today, if further opinions are to be expected next week and on which days. 15 to go. Until next time!