9th Circuit ruling against trump on DACA is like ‘activist press release’

9th Circuit ruling against trump on DACA is like ‘activist press release’

[Ed. – If you weren’t keeping score, the 9th Circuit ruled Thursday that Trump is not allowed to discretionarily reverse Obama’s discretionary DACA policy, because the 9th Circuit doesn’t like Trump’s reasoning.  This will presumably be overturned by the Supreme Court, where there are now five justices who’ve actually read the Constitution.]

A three-judge panel on the Ninth Circuit ruled yesterday that the Trump administration must continue the Deferred Action for Childhood Arrivals (DACA) program. The verdict is a head-scratcher. After all, no statute or regulation compels DACA. It is simply an invention of the Obama administration on the grounds of “prosecutorial discretion.” Since President Obama exercised his discretion in creating DACA, why can’t President Trump use his own discretion to end it? …

To this non-lawyer, what is most disturbing is the Court’s activist pose. Like an article from Reader’s Digest, Judge Kim McLane Wardlaw’s opinion begins with a heartstring-tugging anecdote. It’s worth quoting in full to demonstrate her bias:

It is no hyperbole to say that Dulce Garcia embodies the American dream. Born into poverty, Garcia and her parents shared a San Diego house with other families to save money on rent; she was even homeless for a time as a child. But she studied hard and excelled academically in high school. When her family could not afford to send her to the top university where she had been accepted, Garcia enrolled in a local community college and ultimately put herself through a four-year university, where she again excelled while working full-time as a legal assistant. …

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