by Daveda Gruber:
Some legal scholars are concerned that the ruling that turned back the Obama-era DACA program could damage the notion of an impartial bench.
The judge barred the Trump administration from turning back the Obama-era DACA program.
The federal judge from the Northern District of California, Judge William Alsup, used a local case before issuing the nationwide stop.
Samuel Bray, a law professor at the University of California, Los Angeles, asked ‘The New York Times’, “How can a single judge decide a question for the whole country?”
The paper reported that Bray wrote a recent article where he spoke out against federal judges issuing nationwide injunctions.
He said, “Increasingly, legal scholars are concerned about the way national injunctions are transforming the relationship between the courts and the political branches.”
DACA is probably dead because the Democrats don’t really want it, they just want to talk and take desperately needed money away from our Military.
— Donald J. Trump (@realDonaldTrump) January 14, 2018
Judge William Alsup wrote that it is “plausible” that President Trump ended the program for racial reasons.
On Friday Alsup wrote, “Circumstantial evidence of intent, including statements by a decision-maker, may be considered in evaluating whether government action was motivated by a discriminatory purpose. These statements were not about the rescission (which came later) but they still have relevance to show racial animus against people south of our border.”
The DACA (Deferred Action for Childhood Arrivals) program has protected about 800,000 people who were brought to the U.S. illegally as children or came with families who overstayed visas.
The program includes hundreds of thousands of college-age students.
Sarah Sanders, White House press secretary, said in a statement on Wednesday that the ruling was “outrageous, especially in light of the president’s successful bipartisan meeting with House and Senate members at the White House on the same day.”
The U.S. Supreme Court might address the issue of these injunctions.
Josh Blackman, a professor at South Texas College of Law Houston, told the paper, “The justices don’t like the district courts changing national policy overnight.”
I believe lower court judges must stay out of national policies.