Admin wants to bring DACA case back to Supreme Court quickly with Kavanaugh in

With Brett Kavanaugh on the bench, the Justice Department signaled on Wednesday that it wants to expedite la...

Posted: Oct 17, 2018 4:44 PM
Updated: Oct 17, 2018 4:44 PM

With Brett Kavanaugh on the bench, the Justice Department signaled on Wednesday that it wants to expedite lawsuits concerning Trump administration positions through the lower courts in order to get them before the Supreme Court's newly formed five-justice conservative majority.

The latest example came in a letter from to the 9th US Circuit Court of Appeals warning if there wasn't a decision soon on the administration's planned phase out of the Deferred Action for Childhood Arrivals program -- the Obama-era program that protects young undocumented immigrants who came to the United States as children from deportation -- the Justice Department would go directly to the Supreme Court.

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US federal court system

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US Supreme Court

A district court judge temporarily blocked the administration from unwinding the program pending the resolution of the litigation. The 9th Circuit heard arguments May but has yet to issue an opinion.

Although the Trump administration announced plans to phase out the program last September, judges in different districts across the country have temporarily blocked the government from doing so and ordered that renewals under the program should continue while the cases play out in court.

At issue is not the legality of the program but how the government chose to wind it down. Supporters of the roughly 700,000 "Dreamers" who could be impacted say the administration's actions were arbitrary and in violation of federal law.

"This Court heard oral argument in the case on May 15," wrote DOJ attorney Mark Stern on Wednesday. "We respectfully write to inform the Court that, in order to ensure review by the Supreme Court during its current Term, we intend to again petition the Supreme Court for writ of certiorari before judgment to review the district court's preliminary injunction order."

Stern said the goal is for the Supreme Court to consider the issue before the current term ends in June 2019 and cited the injunction that has blocked the phase out across the entire nation.

"The district court's injunction has now been in place for more than nine months, and, unless either this Court or the Supreme Court promptly intervenes, it could remain in force for at least another year, given the Supreme Court's argument calendar," he wrote.

Under normal circumstances, the Supreme Court does not like to take up issues that have not been fully reviewed by the lower courts, but some justices on the bench might be sympathetic to the fact that the lower court issued an injunction blocking the program nationwide.

In a speech on Monday before the Heritage Foundation, Attorney General Jeff Sessions was critical of so called nationwide injunctions.

"In the first 175 years of this Republic, not a single judge issued one of these orders," Sessions said. "But they have been growing in frequency and, since President Trump took office less than two years ago, 27 district courts have issued such an order," he said.

Mississippi Coronavirus Cases

Data is updated nightly.

Cases: 515504

Reported Deaths: 10296
CountyCasesDeaths
Harrison34999558
DeSoto33360432
Hinds32743643
Jackson24906392
Rankin22565405
Lee16455245
Madison14954283
Jones14158248
Forrest13834260
Lauderdale12311323
Lowndes11357193
Lamar10693140
Pearl River9748244
Lafayette8868143
Hancock7849132
Washington7559169
Oktibbeha7229138
Monroe7068179
Pontotoc7033110
Warren6885178
Panola6791135
Neshoba6744210
Marshall6707142
Bolivar6468151
Union643598
Pike5942157
Alcorn5921107
Lincoln5540136
George510680
Prentiss508285
Tippah495683
Itawamba4884107
Scott478999
Tate4777117
Adams4776125
Leflore4749144
Copiah458195
Yazoo458092
Simpson4566117
Wayne443472
Covington434895
Sunflower4319106
Marion4295112
Coahoma4244110
Leake414191
Newton396182
Tishomingo386894
Grenada3789109
Stone366166
Jasper341266
Attala340490
Chickasaw318367
Winston318392
Clay312978
Clarke301695
Calhoun286850
Holmes272889
Smith270552
Yalobusha244947
Tallahatchie232353
Greene225149
Walthall222166
Lawrence220242
Perry214556
Amite210357
Webster206548
Noxubee188843
Montgomery182157
Carroll175441
Jefferson Davis174343
Tunica163539
Benton153139
Kemper145441
Choctaw137027
Claiborne134839
Humphreys132239
Franklin126530
Quitman107828
Wilkinson106139
Jefferson97134
Sharkey65321
Issaquena1957
Unassigned00

Alabama Coronavirus Cases

Cases: 847659

Reported Deaths: 16172
CountyCasesDeaths
Jefferson1163752005
Mobile743371381
Madison53434738
Shelby38413371
Baldwin38171589
Tuscaloosa36131643
Montgomery34571782
Lee25664264
Calhoun22622519
Morgan22527408
Etowah20059520
Marshall18821318
Houston17769426
St. Clair16946359
Limestone16192220
Cullman16140305
Elmore15948295
Lauderdale15055307
Talladega14244302
DeKalb13061271
Walker12138380
Blount10765193
Autauga10545157
Jackson10204195
Coffee9435192
Colbert9363210
Dale9038192
Tallapoosa7283202
Russell710165
Chilton7078170
Covington6967197
Escambia6962144
Franklin6364108
Chambers5795142
Marion5435130
Dallas5302210
Pike5128109
Clarke485686
Lawrence4845130
Winston4785110
Geneva4650136
Bibb435495
Barbour370180
Butler3444101
Marengo342793
Monroe338366
Randolph337767
Pickens334790
Fayette331485
Henry321066
Cherokee319964
Hale318889
Crenshaw261678
Washington256852
Cleburne255460
Lamar253555
Clay252069
Macon245767
Conecuh193562
Coosa185847
Wilcox178338
Lowndes178268
Bullock152745
Perry141840
Sumter139741
Greene130345
Choctaw94328
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