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by Rep. Julio Gonzalez, M.D., J.D.
In another striking judicial development, Judge William Alsup, a Clinton appointee from San Francisco, issued an injunctive order Jan. 9 prohibiting President Trump from moving forward rescinding President Obama’s DACA order.
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Although it only applied to established DACA applicants, and left untouched the ban on future applications, the order is offensive nevertheless, and demonstrates the terrible problem plaguing our country resulting from the actions of activist judges.
Essentially, the plaintiffs, which included the State of California, argued that President Trump had acted randomly and capriciously in removing the DACA order because, among other reasons, he did not give notice and did not allow for a period of public commentary prior to issuing his rescindment.
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But here’s the thing, neither did Obama.
Obama himself issued his own DACA order single-handedly, without due process, and outside any compliance with any statutory requirements — and after saying he did not have the Constitutional authority to do so. Therefore, when President Trump acted to discontinue the DACA order, he was actually rescinding an illegal act, making Alsup’s ruling even more egregious — and overtly political.
Conclusion - Actions - Judge - Alsup - Ruling
The inescapable conclusion of all these actions is that Judge Alsup was less informed in his ruling by the law, than by his disdain for the...
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