Supreme Court Declines to Review DACA Injunction —For Now
The Supreme Court today declined to review the district court injunction of the rescission of the Deferred Action for Childhood Arrivals program by the Trump administration. The order read as follows:
“DEPT. OF HOMELAND SEC., ET AL. V. REGENTS OF UNIV. OF CA, ET AL. The petition for a writ of certiorari before judgment is denied without prejudice. It is assumed that the Court of Appeals will proceed expeditiously to decide this case.”
Stay tuned for developments in the DACA saga.
Amy Howe on SCOTUSBlog explains:
“the Justice Department appealed that decision to the 9th Circuit, but it also opted to take the dispute straight to the Supreme Court, without waiting for the 9th Circuit to rule — a procedure known as “cert before judgment.” The justices have rarely granted review in this scenario, and they opted not to do so today. In a brief two-sentence order, the court indicated that it was denying the government’s petition “without prejudice” – which means that the government would still have the option to file another petition later on, after the 9th Circuit rules on its appeal. The justices added a caution that may help to explain their decision to stay out of the case at this point, particularly when the federal government had not asked them to put the lower court’s ruling on hold while its appeals wind their way through the system: “It is assumed that the Court of Appeals will proceed expeditiously to decide this case.”” (emphasis added).
KJ