Several federal courts have now ruled that the President does not have the power to rescind the DACA program.
The White House has since appealed directly to the Supreme Court in hopes of a short-cut solution to the battle.
But the SCOTUS unanimously opted this week not to take up the matter instead allowing it to be fought out in the lower courts.
That means President Trump and the DOJ will have to fight it out through the appellate process.
The problem is that Trump’s March 5th deadline — next week — will have come and gone long before any decision will be issued from an appeals court.
So, to say the DACA program and DREAMers stuck within it are in limbo is the understatement of the year.
Here’s more from Hotair…
Looks like a gamble by Senate Democrats paid off. The White House hoped to get an expedited Supreme Court hearing for their argument that the Deferred Action for Childhood Arrivals (DACA) program is unconstitutional in order to gain enough leverage for a quick settlement. Instead, the top court balked, rejecting the application.
Politico notes one key point:
The Supreme Court declined the request Monday. No justices dissented. The high court could still weigh in later, but the move suggests the justices want to allow one or more appeals courts to take up the question before considering it.
No appellate court has yet to rule on the issues raised by the Trump administration, which boil down to two main contentions. First, the administration argues that the program unconstitutionally violates immigration law under a tortured explanation of prosecutorial discretion, which would argue for an immediate end to DACA and its work permits. Second and more recently, the administration argues that because this program was created by the executive outside of statute, a succeeding executive can choose to end it at any time.