Not quite there yet, but getting close
- Dec 27, 2014
- Reaction score
- Best Coast Canada
- Political Leaning
Off to SCOTUS- Wonder when they will hear the case?“To be clear: we do not hold that DACA could not be rescinded as an exercise of executive branch discretion,” wrote Judge Kim McLane Wardlaw. “We hold only that here, where the executive did not make a discretionary choice to end DACA—but rather acted based on an erroneous view of what the law required—the rescission was arbitrary and capricious under settled law.”
“The government may not simultaneously both assert that its actions are legally compelled, based on its interpretation of the law, and avoid review of that assertion by the judicial branch, whose ‘province and duty’ it is ‘to say what the law is,’” Wardlaw wrote, borrowing the language of the landmark Marbury v. Madison decision.