Supreme Court temporarily freezes DACA document request

A divided Supreme Court agreed 5-4 on Friday to temporarily put on hold a lower court order requiring the government ...

Posted: Dec 10, 2017 12:57 PM
Updated: Dec 10, 2017 12:57 PM

A divided Supreme Court agreed 5-4 on Friday to temporarily put on hold a lower court order requiring the government to turn over documents related to its decision to end the Deferred Action for Childhood Arrivals (DACA) program.

The program is an Obama-era policy that defers deportation for some undocumented youth who had been brought to the United States as children.

Stephen Breyer, joined by the three other liberal justices, dissented

A Justice Department spokesman praised the Supreme Court's order

The Supreme Court's order is a setback for challengers, including California and the regents of the University of California, who contend that the Trump administration violated federal law when it abruptly decided to rescind the program. The challengers had sought the documents to bolster their case, pending in California.

RELATED: DACA state of play: Time is running short

Justice Stephen Breyer, joined by the three other liberal justices, dissented from the court's order. Stressing that the lower court has still not heard the merits of the case, Breyer criticized the majority for intervening "in this kind of discovery-related dispute."

He said the matter should be left with the lower courts, which are in a better position "to understand whether a particular discovery order is over-burdensome. "

"This court," Beyer wrote, is "poorly positioned to second-guess district courts' determinations in this area."

The high court's action is a win for government lawyers, who argued in court papers that the "district court's orders mandating discovery and expansion of the administrative record were in excess of the district court's authority."

In a statement, a Justice Department spokesman praised the Supreme Court's order.

"The Department of Homeland Security acted within its lawful authority in deciding to wind down DACA in an orderly manner, and the Justice Department believes the courts will ultimately agree," said spokesman Devin O'Malley.

California Attorney General Xavier Becerra responded: "What is the Trump administration trying so hard to hide?

"The administration owes the American people a real explanation for its decision to upend the lives of 800,000 Dreamers, stripping them of their ability to work and study, stirring fear, and threatening our economy," Becerra said. "We'll keep fighting in court for Dreamers, particularly the 1-in-4 DACA grantees who call California home."

The district judge had filed a statement with the justices arguing that the government's petition "leaves the incorrect impression that the district court endorsed unfettered discovery," he said.

Judge William Alsup of the US District Court for the Northern District of California argued that his request was "limited, narrowly directed, and reasonable."

The challengers have until Wednesday to respond to the ruling. The district court is set to hear arguments December 20 on whether the case should be dismissed altogether.

Mississippi Coronavirus Cases

Data is updated nightly.

Cases: 297321

Reported Deaths: 6805
CountyCasesDeaths
DeSoto19814231
Hinds18949395
Harrison16886282
Rankin12842265
Jackson12750234
Lee9720163
Madison9516204
Jones8035148
Forrest7289138
Lauderdale6872228
Lowndes6061140
Lamar593381
Lafayette5767114
Washington5232130
Bolivar4630124
Oktibbeha443095
Panola433698
Pearl River4212132
Warren4144115
Pontotoc411071
Marshall405995
Monroe3996129
Union397174
Neshoba3848171
Lincoln3624104
Hancock352978
Leflore3400121
Sunflower320986
Tate303974
Pike302697
Scott296171
Alcorn292763
Yazoo292066
Itawamba290675
Coahoma283069
Tippah280065
Copiah279959
Simpson277581
Prentiss271258
Marion258878
Wayne255641
Leake254172
Covington250280
Grenada248878
Adams235778
George232745
Newton232753
Winston222179
Jasper214145
Tishomingo213266
Attala206971
Chickasaw201954
Holmes182870
Clay179452
Stone173429
Tallahatchie171739
Clarke170773
Calhoun158628
Smith153833
Yalobusha145736
Greene128133
Walthall125441
Montgomery123540
Noxubee123431
Perry123235
Lawrence121421
Carroll119425
Amite112435
Webster111132
Jefferson Davis102731
Tunica99824
Claiborne99030
Benton94024
Humphreys93128
Kemper91423
Quitman77514
Franklin76420
Choctaw70117
Jefferson62827
Wilkinson62727
Sharkey49217
Issaquena1676
Unassigned00

Alabama Coronavirus Cases

Cases: 499411

Reported Deaths: 10149
CountyCasesDeaths
Jefferson719951403
Mobile36396741
Madison32674469
Tuscaloosa24391423
Montgomery22789523
Shelby22250219
Baldwin19915289
Lee15070161
Calhoun13961296
Morgan13785255
Etowah13413327
Marshall11458215
Houston10121264
Elmore9509190
Limestone9435139
St. Clair9050228
Cullman8993183
Lauderdale8628214
DeKalb8507175
Talladega7643165
Walker6600260
Jackson6551104
Autauga634492
Blount6252128
Colbert6007121
Coffee5261104
Dale4680107
Russell407534
Franklin400779
Covington3996107
Chilton3911104
Escambia379473
Tallapoosa3637143
Clarke344553
Chambers3432111
Dallas3428142
Pike292973
Marion288796
Lawrence285787
Winston258568
Bibb246058
Marengo244657
Geneva240270
Pickens225757
Barbour213851
Hale212569
Fayette202657
Butler201466
Henry183541
Cherokee178140
Monroe166739
Randolph165141
Washington157036
Macon147845
Crenshaw146755
Clay146254
Cleburne140141
Lamar133933
Lowndes133151
Wilcox123225
Bullock117736
Conecuh107224
Perry106427
Sumter100832
Coosa90324
Greene88732
Choctaw55723
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