https://www.nationalreview.com/2019/05/the-judicial-resistance-rescues-daca-again/Lawless Obama and Clinton appointees have blocked Trump’s lawful acts.
The judicial resistance has struck again, this time at the Fourth Circuit Court of Appeals, where two judges on a three-judge panel just rode to the rescue of DACA, President Obama’s (in)famous Deferred Action for Childhood Arrivals program. The two judges, one an Obama appointee and the other a Bill Clinton appointee, held today that President Trump’s decision to rescind DACA was “arbitrary and capricious,†and therefore unlawful. This is now the second federal circuit court — after, of course, the Ninth Circuit — to hold that Trump could not rescind DACA.
The court’s reasoning is flawed on its face. It ruled that a discretionary Obama policy implemented without regard to the Administrative Procedure Act (APA) could not be repealed without applying APA scrutiny. In other words, the APA didn’t apply to Obama’s action, but it does apply to Trump’s. Moreover, it ruled that the Trump administration’s stated concerns about the legality of the DACA program were “arbitrary and capricious†and therefore couldn’t justify the rescission decision.
Put simply, this means that progressive judges are retroactively granting Obama the discretion to implement DACA, but imposing unilateral limits on Trump’s ability to end DACA.
In essence, these judges are making the nonsensical determination that Obama had the prosecutorial discretion to begin the DACA program, but Trump does not have the prosecutorial discretion to end it.Sounds like Trumpian logic. Trump could be stymied.
