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Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by calvinmorrison on Thursday July 09, 2020 @01:37PM (#23782767)
A recent dissent by Justice Thomas is elucidating.

"Today’s decision must be recognized for what it is: an effort to avoid a politically controversial but legally correct decision. The Court could have made clear that the solution respondents seek must come from the Legislative Branch. Instead, the majority has decided to prolong [the Department of Homeland Security's (DHS)] initial overreach by providing a stopgap measure of its own. In doing so, it has given the green light for future political battles to be fought in this Court rather than where they rightfully belong—the political branches. Such timidity forsakes the Court’s duty to apply the law according to neutral principles, and the ripple effects of the majority’s error will be felt throughout our system of self-government."

.

This was his dissent on DACA. Agree or disagree with the program that allows undocumented immigrants to stay and go to school, I don't care. It's not legislative, it's not judicial, it was a program by DHS setup under the last administration. Now the court rules the current administration can't undo the program? It's bizzare.

Things like DACA _need_ to be written in stone to avoid forcing the supreme court to become the effective legislator instead of having congress pass a law that enacts it as an actual program.

Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by masklinn on Thursday July 09, 2020 @01:49PM (#23782907)
> This was his dissent on DACA. Agree or disagree with the program that allows undocumented immigrants to stay and go to school, I don't care. It's not legislative, it's not judicial, it was a program by DHS setup under the last administration. Now the court rules the current administration can't undo the program? It's bizzare.

It didn't rule that the current administration can't undo the program, it ruled that the administration has to properly justify that decision, and not doing so is unlawful.

At no point did it rule on DACA itself, or prevent the administration from providing actual, motivated and legal reasoning for rescinding the program.

Also

> This was his dissent on DACA.

Which corresponds to the majority ruling on this case, yet I can't help but notice Gorsuch joined the liberal justices in the majority, not Thomas.

Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by twsttest on Thursday July 09, 2020 @01:59PM (#23783043)
However DACA itself is unlawful in that it is an Executive Order undermining Federal immigration law, so the administration's rescinding it on the basis of its unlawfulness should be sufficient enough justification. The problem is that the Court's ruling indicates that an EO which subverts existing law cannot be overturned by subsequent administrations simply on the basis of its illegality. Justice Thomas' dissent says exactly this.

That's incredibly problematic. According to the recent ruling therefore, a President has the power to issue and EO which prevents the enforcement of certain laws.

Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by brandmeyer on Thursday July 09, 2020 @03:56PM (#23784377)
I urge you to read the SCOTUS opinion itself, and not just the rhetoric you may have heard in the media about the opinion. Because this:

> According to the recent ruling therefore, a President has the power to issue and EO which prevents the enforcement of certain laws

is flatly untrue.

Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by jcranmer on Thursday July 09, 2020 @01:53PM (#23782951)
> Now the court rules the current administration can't undo the program?

The court rules that the current administration can't undo it simply by waking up one morning and say "I wish that it be done;" it actually has to go through a process to explain why it is taking the decision it is, which is the same process it had to do to enact the program in the first place.

Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by belltaco on Thursday July 09, 2020 @01:58PM (#23783019)
What?

https://thehill.com/homenews/administration/506018-trump-exp...

It's bizarre to have someone quote a judge's dissenting opinion but not read the main gist of the actual verdict.

Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by bilbo0s on Thursday July 09, 2020 @01:46PM (#23782883)
"The Court could have made clear that the solution respondents seek must come from the Legislative Branch."

In this case, that's exactly what the majority concluded. In layman's terms, this is a decision that says, "We aren't doing a thing. Congress made a promise. If you want to rescind it, go talk to congress, not us."

Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by leereeves on Thursday July 09, 2020 @01:57PM (#23783010)
Congress didn't make DACA. Obama ordered it by executive memorandum, after a similar Congressional bill, the DREAM Act, failed in Congress.
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by bhupy on Thursday July 09, 2020 @01:59PM (#23783045)
> Congress made a promise

When exactly did that happen?

Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by bilbo0s on Thursday July 09, 2020 @02:55PM (#23783709)
Congress created the reservation situation in Oklahoma many, many, many years ago. Not the Supreme Court.

If respondents want to undo that promise, they need to take the matter up with congress. That's what the court is saying. You can't short circuit the constitutional order. The court is right to drop this right back in the lap of congress.

Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by bhupy on Thursday July 09, 2020 @03:01PM (#23783758)
GP wasn't talking about the Oklahoma decision, they were talking about DACA.
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by masklinn on Thursday July 09, 2020 @03:04PM (#23783798)
No. GP was giving an opinion about DACA in the context of the discussion of the article, and the person you responded to commented within that frame.
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by war1025 on Thursday July 09, 2020 @01:40PM (#23782805)
The more I learn about Justice Thomas, the more I like him.
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by robertlagrant on Thursday July 09, 2020 @02:32PM (#23783442)
He walks a difficult path well.