scotus speculation
November 12, 2019

Conservatives' Supreme Court dominance is working exactly as they planned.

Right-wing leaders have spent decades filling federal courts with judges who would seemingly side with their constitutional philosophies, culminating in today's conservative majority Supreme Court. And now, that seems to be paying off, with publications speculating across the board that the Supreme Court will let President Trump end DACA based on Tuesday arguments.

Trump has repeatedly moved to end the Deferred Action for Children Arrivals program, which protects immigrants who arrived in the U.S. before they turned 16 from deportation and allows them to work legally. That decision was in question during oral arguments at the Supreme Court on Tuesday, and as The New York Times put it, "liberal justices probed the administration's justifications for ending the program" and "expressed skepticism" regarding the choice. The conservatives, on the other hand, "indicated that they would not second-guess the administration’s reasoning," the Times continued.

The Washington Post similarly mentioned the liberals seemed "highly skeptical" of the Trump administration's reasoning behind ending DACA. Justice Sonia Sotomayor discussed how Trump had once told Dreamers they were "safe under him," only to abruptly upend the program. Chief Justice John Roberts meanwhile said it was unlikely the government could actually deport DACA recipients en masse, and suggested their work authorizations were the bigger concern.

Regardless of their ideologies, Justice Neil Gorsuch said he spoke for the whole court in recognizing the "sympathetic facts" of the case, namely how DACA recipients had often lived in the U.S. since they were very young and had their entire lives here. Either way, a SCOTUS decision on DACA won't come for another few months. Kathryn Krawczyk

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