1/ First argument in the memo--"AG concluded it's illegal because CTA5 said so," notwithstanding extensive DOJ opinions and briefs for the U.S. to the contrary--remains absurd, and arbitrary/capricious, as @adambcox, @cmrodriguez95 and I explained and as several courts have held.
2/ See balkin.blogspot.com/2017/10/a-prim….
The five grafs beginning in middle of p.2, however, ought to resolve most or all of the current #DACA litigation. Inexplicable why it took them 10 months, and countless court challenges, to write it.
The five grafs beginning in middle of p.2, however, ought to resolve most or all of the current #DACA litigation. Inexplicable why it took them 10 months, and countless court challenges, to write it.
3/ Now up to Congress to correct this cruel, deeply counterproductive Trump/Nielsen policy.
4/ In the meantime, the Trump administration should thank Judge Bates for saving their butts by directing them to do what any ordinary officials/lawyers would have understood they needed to do on Day One.
