Democrats have never forgiven Donald Trump for winning the fight to confirm Brett Kavanaugh to…Read More →
Appointing Brett Kavanaugh and Neil Gorsuch to the Supreme Court were two of Donald Trump’s signature victories.
But now all of that is in jeopardy.
And that’s because Brett Kavanaugh is facing one choice that could end Trump’s Presidency.
This week the Supreme Court heard oral arguments on the Trump administration’s 2017 decision to end Barack Obama’s lawless DACA amnesty program.
Open borders activists sued, claiming the administration’s decision-making was “arbitrary and capricious” and did not provide sufficient legal justification for ending the program.
Advocates for illegal aliens successfully swayed Chief Justice John Roberts to vote to block the Trump administration from adding a citizenship question to the census by making that same argument.
But that pitch fell on deaf ears in the DACA case.
The court’s conservative justices largely laughed the open borders advocates’ lawyers out of the chamber during oral arguments.
Chief Justice Roberts made note of the massive scale of the DACA amnesty program and rejected claims by the lawyers for illegal aliens that DACA was in line with past exercises of executive authority.
“That history is not close to the number of people covered by DACA,” Roberts said.
“The whole thing was about work authorization and various other benefits,” Roberts continued. “Both administrations have said they are not going to deport the people.”
Brett Kavanaugh also rejected the idea that the administration rushed to rescind DACA without laying the proper legal groundwork to rollback Obama’s amnesty program.
“I assume that was a very considered decision,” Kavanaugh argued.
In fact, when then-Attorney General Jeff Sessions announced the administration was ending DACA, a number of state attorneys general were getting ready to sue over DACA.
Sessions’ decision came against the backdrop of the courts striking down a similar program for illegal alien adults so the conservative justices on the court seemed satisfied with the administration’s argument that they acted to end a legally dubious program it believed the courts would end anyway.
Justice Neil Gorsuch swatted down another argument made by the pro-open borders lawyers, which was the court asking the administration to come up with a legally acceptable rationale to end DACA.
Gorsuch argued that would throw the illegal aliens in DACA back into legal limbo for years.
“What good would another five years of litigation over the adequacy of that explanation serve?” Gorsuch asked.
“It would leave this class of persons under a continuing cloud of uncertainty and continue stasis in the political branches because they would not have a baseline rule of decision from this court, still, on this issue,” Gorsuch said.
Solicitor General Noel Francisco picked up on this thought and argued that DACA was never intended to be a permanent program.
“DACA was always meant to be a temporary stopgap measure that could be rescinded at any time, which is why it was only granted in two-year increments,” Francisco argued. “So I don’t think anybody could have reasonably assumed that DACA was going to remain in effect in perpetuity.”
The Supreme Court will likely hand down its decision in this case in June.
But based on oral arguments it appears the Trump administration will come out on the right side of a five to four decision.
Ending DACA will immediately frame the 2020 election as a referendum on the two parties’ immigration policies.
And Democrats will be hard-pressed to defend their support for open borders and mass migration.
American Patriot Daily will keep you up to date on any new developments in this ongoing story.
(h/t American Patriot Daily)