Now, I’m no legal scholar. I’m not an attorney, and I’ve never played one on TV. In fact, I didn’t stay at a Holiday Inn Express last night. I stayed in my home. But the Supreme Court got their ruling on DACA wrong, and there’s a very easy explanation to it that any five year old could understand (apparently John Roberts isn’t five yet).
DACA, which stands for “Deferred Action For Childhood Arrivals” was an executive order that was given by Bobo Obama. He did it to make sure that if a kid is illegally brought across our border by an illegal alien, the kid is free to stay in this country so long as the executive order is valid.
Now, let’s talk about executive orders. Presidents make them all of the time. In fact, in his eight years in office, Bobo Obama signed 276 of them (146 of them the first term, 130 of them the second term). Compare that to Donald Trump who is about 3 1/2 years into his first term. He has signed 77 of them. An executive order is a policy that a president can affect. It does not have the weight of law because Congress hasn’t passed it. But it’s the executive branch’s policy. It can be overturned by any succeeding president.
The Supreme Court said that Donald Trump cannot overturn the Obama-era executive order just like that! IF he wins re-election, he can certainly do it, but he did it “arbitrarily and capriciously, and therefore violated administrative law.”
But the high court said that Trump’s argument that DACA was unconstitutional needed further proof. Huh? Since when does a sitting President have to prove anything? Most of the 77 executive orders that Trump made were overturning Obama executive orders. So, in essence, you have to have a damn good reason to overturn an executive order. You don’t have to have a damn good reason to make one in the first place.
In every case surrounding immigration and illegal aliens, John Roberts, the court’s Chief Justice, has sided with the liberals. Why it’s such a big step to make sure that the people living in this country are legal citizens and not illegals that cross the border just because they want to get here is beyond me. Actually, the high court’s ruling was pretty “arbitrary and capricious”, though it will stand. It now has the weight of law.
Trump immediately called for Roberts to resign, as did several other conservative lawmakers. Ah, but Trump needs to be careful on this one. Being a “consistency guy”, I recall very clearly that a guy named Merrick Garland wasn’t given a chance to get an up and down vote after being nominated by Bobo Obama during his last year in office. Remember how the GOP said that they should wait until after the election? Well, Trump is in the last year of HIS term. Shouldn’t the same logic apply now? If he beats Biden this fall, then great! He can go ahead and nominate more justices in the coming four years. But if Biden were to beat Trump, the 5-4 sometimes conservative edge evaporates very quickly if someone like Clarance Thomas or even John Roberts decides to step down.
Don’t forget, you’ve got two liberals on the high court, Steven Breyer and Ruth Bader Ginsburg, who are in their 80’s and could drop at any minute. A Trump victory would certainly give him the ability to overturn any executive order he wanted in that case!
Carry on world…you’re dismissed!