Thursday, 15 November, 2018

DOJ petitions Supreme Court to take up DACA lawsuits, issue final ruling

Supreme Court rejects industry challenge of 2015 net neutrality rules Supreme Court Rejects Net Neutrality Case
Oscar Goodwin | 09 November, 2018, 04:10

The Department of Justice has once again petitioned the Supreme Court to intervene in pending cases over the future of DACA, or Deferred Action for Childhood Arrivals, the Obama-era program that protects immigrants who were brought to the USA illegally as children.

DACA, which was created after President Barack Obama signed an Executive Branch memorandum, gives some illegal immigrants who were brought to the United States as children the opportunity to receive a renewable two-year period of deferred action from deportation and become eligible for a work permit.

Solicitor General Noel Francisco said injunctions by three lower courts have prevented the administration from ending the program, which the Trump administration says has only encouraged people to try to enter the United States illegally.

Although the Supreme Court rarely grants requests to bypass the appeals court stage, the DACA case involves unusual circumstances. Other challenges to DACA repeal efforts are now before appeals courts in NY and Washington, D.C.

The Justice Department's move was unusually aggressive in terms of procedure, asking the justices to take action even before intermediate federal appeals courts have ruled on the three lower court rulings.

The legal battle over net neutrality will continue and could potentially reach the Supreme Court again in a separate case.

That is the lead case that the Administration appealed to the Justices on Monday. It means that the D.C. Circuit's court's 2016 decision to uphold "both the FCC's classification of broadband as a telecommunications service, and its rules prohibiting broadband providers from blocking or degrading Internet content, remains in place", senior counsel John Bergmayer of consumer advocacy group Public Knowledge said. In his ruling on U.S. Telecom Association, Kavanaugh called net neutrality "unlawful" as the 1934 Communications Act "does not supply clear congressional authorization for the FCC to impose common carrier regulation" on internet service providers (ISPs).

"This is the second time the Trump administration has attempted to shortcut the normal appellate process by seeking Supreme Court review prior to any decision by the Courts of Appeals", Davidson said. In January, Alsup put the phase-out of the program on hold, saying it would be devastating to the 700,000 affected immigrants.

The Trump administration previously sought the Supreme Court's review of its efforts to phase out DACA.

Lyle Denniston has been writing about the Supreme Court since 1958.

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