SCOTUS asked to overrule 9th that ruled Trump can't overrule Obama

Friday, November 9, 2018
Chad Groening (

U.S. Supreme Court w/ flagIt's time for the U.S. Supreme Court to intervene, says an immigration watchdog, after a notorious federal appeals court upheld an Obama-era executive order and overruled the Trump administration.

A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled this week to maintain an injunction that blocks President Trump's executive order to reverse the Deferred Action for Childhood Arrivals, or DACA, program.

The controversial program has allowed approximately 700,000 who were brought to the U.S. illegally as children, or came with families that overstayed visas, to remain in the country.

Lawsuits by California officials and others challenging the Trump administration's decision will continue in federal court while the injunction remains in place.


Ira Mehlman, a spokesman for the Federation for American Immigration Reform, says such a decision was expected from the 9th Circuit given its reputation for left-wing activism.

The court is often referred to as as the "9th Circus" due to its blatant activism and history of overturned rulings, which earned the court a fact-checking article from Politifact after Trump trashed the court's record.

"But it also presents an opportunity," says Mehlman, "to get this case before the Supreme Court in an expedited fashion."

There are several legal issues involved here, he observes, beginning with the authority of a sitting president to change the policy of a predecessor.

"And it's clear that sitting presidents do make their own policies," Mehlman says, "and in doing so change the policies of the previous administration."

Obama, however, did not have the legal authority to nullify immigration laws, he adds.


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