For the second time inside a week, the Supreme Court issued a ruling that dismayed conservative observers and caused many to second-guess the idea that we truly have a right-leaning majority sitting on the nation’s high court. Only days after the court’s absurd ruling that rewrote the 1964 Civil Rights Act to include gays and transgenders within the scope of the word “sex,” the justices ruled that the Trump administration cannot legally dissolve the DACA program.
While the new ruling makes no commentary as to the rightness or wrongness of the DACA program itself, the majority ruled that by not following proper administrative procedures, the Department of Homeland Security could not go through with repealing the Obama-era executive order.
“We do not decide whether DACA or its rescission are sound policies. ‘The wisdom’ of those decisions ‘is none of our concern,” Chief Justice John Roberts wrote in his opinion. “We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action.”
This reasoning was excoriated by the dissenting justices, which included Clarence Thomas. He wrote: “These cases could – and should – have ended with a determination that his legal conclusion was correct,” he wrote. “Instead, the majority today concludes that DHS was required to do far more.”
In an interview with Fox News on Thursday, Homeland Security Secretary Chad Wolf said that the ruling was “very troubling.”
“What I can tell you is that the DACA program is clearly unlawful,” Wolf told Sean Hannity. “What we saw under the Obama Administration is they made this program out of thin air, did it on a turn of a dime. This administration has thought long about this – decided to wind this unlawful program down over a series of six months and again, what we have is a Supreme Court saying that’s not good enough, you need to go back at it and relook at that, and that is very troubling to me.”
In a separate interview, Sen. Lindsey Graham said he was taken aback by the court’s decision.
“I told the president Tuesday night, you know, ‘I don’t think you can lose this one.’ Well, what did I know?” asked Graham. “I think the DACA program created by President Obama is illegal on its face. No president can say 700,000 people here illegally all of sudden have legal status no matter how sympathetic the cause may be.”
As usual, the harshest criticism came from President Trump himself.
“The recent Supreme Court decisions, not only on DACA, Sanctuary Cities, Census, and others, tell you only one thing, we need NEW JUSTICES of the Supreme Court. If the Radical Left Democrats assume power, your Second Amendment, Right to Life, Secure Borders, and Religious Liberty, among many other things, are OVER and GONE!” Trump tweeted.