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Do Democrats Have Any Chance of Winning DACA Lawsuit?

Democrats in 15 state attorneys offices across the country have filed suit against the Trump administration to block the president’s decision to reverse President Obama’s DACA executive order.

Calling the decision to end the program “cruel” and “inhumane,” New York Attorney General Eric Schneiderman rallied liberals to the cause this weekend. While it’s a given that the animosity over Trump’s decision will play well with the liberal base, including but not limited to Hispanics, it’s quite another question as to whether there is any merit to the lawsuit. How can the courts possibly find that President Trump lacks the authority to undo what the last president had the authority to DO? How, unless we’ve collectively decided that Trump is not really the president?

Which, if you look at some of this year’s decisions on the travel ban, would not be too difficult to believe.

In their arguments, the fifteen (decidedly blue) states say that Trump’s decision to end the program was “arbitrary, unconstitutional, and contrary to statute.” We’re not sure who they consulted with to find these words, but we’re pretty confident they were not law experts. Perhaps the leadership of some Hispanic pro-immigration group? Perhaps they just took a quick survey of their Twitter followers. Maybe they just pulled this entire thing out of their collective behinds. Because the idea that ending an unconstitutional executive order is ITSELF unconstitutional…well, we’re straying pretty far into the Land of Insanity at that point.

The states say that since Trump has said a lot of really mean stuff about Mexican immigrants over the past few years, this somehow nullifies his authority to end DACA. As ridiculous as that argument sounds on the face of it, the attorneys do have one small but significant reason to think it could work.

“It’s a provocative argument,” admitted Schneiderman in an interview with MSNBC. “But it was argued successfully by our coalition of attorneys general [in lawsuits against the travel ban] – a lot of the same folks in a coalition that sued today.”

And there you have it. One series of terrible court decisions has now laid open the field for Democrats to sue this president on the thinnest of grounds. He said something once about Muslims – no travel ban allowed! He said something once about Mexicans – no immigration policies allowed! We suppose they’ll use the same arguments when Trump decides to send Rosie O’Donnell to live on a remote island in the Pacific.

The problem for the states, of course, is that the Supreme Court does not seem inclined to rule in the left’s favor in the travel ban scenario. We’ll see, but signs point to a major Trump victory when the high court takes up the case in full. We certainly hope so, because we’re drifting away from constitutional ground at an alarming pace. It’s time for these Trump-hating liberals to get the judicial smackdown of their lives.


Written by Andrew


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