Friday, June 19, 2020

DACA Double Standard?

I hope this is wrong but fear that it's right:
    The practical consequence of the ruling is that a President can create an unlawful policy without legislation from Congress, but a future President cannot lawfully undo it without first jumping through regulatory hoops that can take years. This is an invitation for executive mischief, especially by Presidents at the end of their terms. They’ll issue orders that will invite years of legal challenge if the next President reverses them.
    As Justice Thomas puts it: “Today’s decision must be recognized for what it is: an effort to avoid a politically controversial but legally correct decision” that has “given the green light for future political battles to be fought in this Court rather than where they rightfully belong—the political branches.”
    The result will also further diminish Congress, and one casualty could be immigration reform beyond Daca. President Trump’s Daca rescission had brought the political parties to the table, but Democrats now have little incentive to negotiate a compromise. They’ll hold out until they control the White House, impose their policies by executive fiat, and dare the Supreme Court to block them—and threaten to pack the Court if it does.
    The Daca ruling is merely the latest in which the Chief Justice has joined the liberals to avoid a ruling that would have been criticized by the media and Democrats. Recall ObamaCare, the 2019 Census case, and Monday’s on sex and gender identity. It’s hard to avoid the conclusion that the campaign of intimidation and threat of court-packing by Senate Democrats are getting the results they want.
I fear that we're stuck with a kind of one-way valve on immigration--every move to increase it sails through effortlessly--but reversing it is nigh-on impossible. And decreasing immigration--pff! Even minimally decreasing illegal immigration has been declared outright immoral even by the Dems...who still typically try to soft-pedal and dissemble. What the progressive left really wants is fully open borders--at least when it comes to demographics guaranteed to vote blue.
   And that's the real issue, IMO--here and with respect to many other issues as well. The progressive left's only strategy is: shut down debate. They crank the valve as far open as possible, and shriek RACISM! at any effort to have a sane discussion about reducing the flow even minimally. It's their one and only argument, in service of their one and only strategy. If they admitted that they want open borders and tried to win the debate, they'd lose.
   I'm inclined to favor DACA--if measures are taken to reduce abuse.  But I also think it's got to genuinely be on the table as a bargaining chip.

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