DOJ petitions Supreme Court to take up DACA lawsuits, issue final ruling

Isaac Cain
November 8, 2018

"The district court's order requires the government to indefinitely tolerate - and, indeed, affirmative sanction - an ongoing violation of federal law being committed by almost 700,000 aliens pursuant to the DACA policy", the Justice Department said.

For proponents of net neutrality, Monday's Supreme Court decision represents a victory. That still remains federal policy. At the time, the justices added what seemed to be a caveat to their ruling, writing that although they were turning down the government's application, it "is assumed that the Court of Appeals will proceed expeditiously to decide this case".

USTelecom downplayed the importance of the court ruling in a statement.

The US Supreme Court will not hear a recently filed appeals case seeking to dismiss previously implemented net neutrality rules and limit the authority of the FCC in the matter, the Associated Press reports. The net neutrality rules prevent an internet service provider or a wireless carrier from setting up a fast lane that can be purchased by a company that streams video or audio content.

The FCC's rules, though were largely repealed by the Trump era FCC in December. The other two cases are not as far along: The federal government filed its notice of appeal from the decision against it in the U.S. District Court for the District of Columbia in August, while oral argument has been scheduled in the U.S. Court of Appeals for the 2nd Circuit for January 2019. The Justice Department has also agreed to suspend its recent suit against California over the state's new net neutrality law, at least until the case before the D.C. Circuit is resolved.

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The legality of the separate DACA program for undocumented immigrant youths had never been tested in court (although an expansion of that program fell with the court rulings against the program for undocumented parents).

On the merits of the dispute, the Trump administration contends that its decision to terminate DACA can not be reviewed in court, since the program exists entirely at the executive branch's discretion.

The Trump administration previously sought the Supreme Court's review of its efforts to phase out DACA. Then last September, he announced that DACA would end six months later unless Congress replaced Obama's executive action with legislation.

The Department of Justice made the request Monday after the lower courts failed to meet a deadline for a decision on DACA. The Supreme Court this week stated it wouldn't be hearing the case (pdf).

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