THREAD: Justice Thomas (w/ Alito and Gorsuch): Chief Roberts decision is "mystifying” considering DACA was unlawful. "The decision to countermand an unlawful agency action is clearly reasonable." Roberts wants to "avoid a politically controversial but legally correct decision."
More Thomas: The majority's "timidity forsakes the Court’s duty to apply the law according to neutral principles, and the ripple effects of the majority’s error will be felt throughout our system of self-government."
He adds that the holding "creates perverse incentives, particularly for outgoing administrations." The Trump administration is required "to continue administering unlawful programs that it inherited from a previous administration."
Justice Alito: Majority is telling the Trump administration to go back and try again. "What this means is that the Federal Judiciary, without holding that DACA cannot be rescinded, has prevented that from occurring during an entire Presidential term."
