10:39, February 26 358 0 abajournal.com

2018-02-26 10:39:08
Supreme Court denies quick review of DACA in unusual request for cert before judgment

The Supreme Court denied the U.S. Justice Department’s request for direct review of the injunction, report the Washington Post, the New York Times and Politico. The Supreme Court can still decide to hear the case after a decision by the San Francisco-based 9th U.S. Circuit Court of Appeals.

At issue was the president’s power to rescind the program known as Deferred Action for Childhood Arrivals. The Justice Department had sought immediate review of the injunction by U.S. District Judge William Alsup of San Francisco using a procedure called “certiorari before judgment.”

The certiorari before judgment process is usually used in cases involving national crises, according to the New York Times. Such cases include President Harry S. Truman’s seizure of the steel industry and President Richard M. Nixon’s refusal to turn over White House tapes. The last time the process was used before a federal appeals court opinion was nearly 30 years ago, according to a brief filed with the court.

In denying review of the DACA case, the Supreme Court wrote, “It is assumed that the Court of Appeals will proceed expeditiously to decide this case.” The case is U.S. Department of Homeland Security v. Regents of the University of California.

Another federal judge, U.S. District Judge Nicholas Garaufis of Brooklyn, has also issued an injunction barring the wind down of DACA.

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