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Trump Administration Urges Supreme Court to Take up DACA Case Immediately

09 November, 2018, 04:13 | Author: Joanna Little
  • U.S. Supreme Court Rejects Net Neutrality Appeals After Year DelayMore

President Donald Trump's administration asked the U.S. Supreme Court to let him end deportation protections for young undocumented immigrants, urging the justices to take the unusual step of bypassing federal appeals courts to get the case resolved by next summer.

After the Supreme Court's evenly divided order in 2016, a group of states filed a lawsuit in Texas, claiming that the DACA program, as originally drawn up by the Obama Administration, was illegal under immigration laws and was unconstitutional.

The "DACA" program - formally, Deferred Action for Childhood Arrivals - was created by the Obama Administration, and has spared almost 700,000 immigrant youths from being sent back to countries from which they came as children with their parents.

In court papers, Solicitor General Noel Francisco asked the justices to take up the case this term and argued that district judges who had issued opinions against the administration were "wrong" to do so.

The California, New York and D.C. challenges were brought by DACA proponents seeking to block Trump's actions.

A Supreme Court ruling backing up the FCC's repeal could have made it harder for future administrations to reinstate net neutrality. Four of nine justices must agree to hear a case, but only three voted to grant the petitions.

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The legality of the program is not at issue in the case.

Today's Supreme Court decision is good news for supporters of net neutrality because it means that the DC Circuit court's "previous decision upholding 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. The first is whether the Trump administration's decision to end DACA is something that courts can review at all, or whether it is instead the kind of decision left to administrative agencies.

Several of the plaintiffs in the case said the rejection wasn't surprising, given that the FCC has already repealed net neutrality.

The FCC's reversal reflected the Trump administration's deregulatory philosophy.

Democratic FCC commissioner Jessica Rosenworcel, who had supported the 2015 Net Neutrality regulations, said, "it wasn't enough for this FCC to roll back It actually petitioned the Supreme Court to erase history and wipe out an earlier court decision upholding open internet policies".

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

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