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The brief shadow-docket order contains minimal reasoning but cites the 2020 case in which SCOTUS ruled that the Trump administration acted unlawfully when it tried to quickly cancel Obama's DACA program. Now that ruling is hindering Biden from unwinding Trump immigration policy.
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This one confuses me. It’s just a policy decision right? Since when is SCOTUS able to force executive branch to adopt to a policy. Block an unconstitutional one, sure. But force the adherence of one?
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They are technically blocking the “new policy” for failing to follow the administrative procedures act, ie: it was not supported by a well designed fact finding & public comment period. 🤦🏼‍♀️ they aren’t ruling at all on the underlying policy. Hot mess!
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