White House thinks a Supreme Court DACA decision gives them a license to skirt the law
President Trump and top White House officials are privately considering a controversial strategy to act without legal authority to enact new federal policies starting with immigration, administration officials tell Axios.
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Yoo detailed the theory in a National Review article, spotted atop Trumps desk in the Oval Office, which argues that the Supreme Court's 5-4 DACA ruling last month "makes it easy for presidents to violate the law."
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What's next: The first test could come imminently. Trump has said he is about to unveil a "very major" immigration policy via executive order, which he says the Supreme Court gave him the power to do.
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"Even if Trump knew that his scheme lacked legal authority, he could get away with it for the length of his presidency. And, moreover, even if courts declared the permit illegal, his successor would have to keep enforcing the program for another year or two."
https://www.axios.com/trump-executive-orders-supreme-court-daca-3d369f16-d9db-4e39-b8a0-946e670797b2.html
And Trump claimed the DACA ruling gave him rights to do something with healthcare:
https://www.democraticunderground.com/100213774368
Via the indispensable
Charles Pierce.