Roberts Preserves DACA, Admits Unconstitutional, Cites Hardship Of DREAMers

Justice John Roberts has long been a big disappointment and traitor on the Supreme Court. It was Roberts who broke the tie to pass Obamacare, and now he is doing the same thing with this DACA case. You don’t want to miss how he spit once again on the Constitution.

Chief Justice John Roberts, DREAMers protest (Photo Credit: YouTube/Screenshots)

DACA was a program created by President Barack Obama in 2012 after Congress refused to pass Democrats’ version of amnesty for so-called “Dreamers” — illegal aliens brought to the country as minors.

“Conservatives have long believed that DACA was unconstitutional because it circumvented the legislature and applied the administration’s power of prosecutorial discretion to an absurdly large number of potential defendants (2 million),” reports Attorney Joel Pollack via Breitbart. 

President Trump rescinded DACA but gave Congress six months to find a compromise to protect the “Dreamers” from deportation. He proposed his own ideas in his State of the Union address in 2018, but Democrats refused his suggestion.

The Trump administration then thought their only hope was to bring a case before the Supreme Court. Surely, the conservatives on the court could not overlook that Obama had no constitutional authority to enact DACA in the first place.

Trump thought that after he won this case, it would force the Democrats to the table to once and for all reform immigration policy. He was using the case as a political club, since the Democrats will never act in good faith, even for those like the Dreamers who they claim to care so much about.

Justice Roberts, who wrote the majority opinion, admitted Obama had no constitutional authority but joined the liberal judges in saying that the Trump administration “had failed to provide enough consideration about what would happen to the 700,000 people who had registered for the DACA program.”

What? It’s unconstitutional, but Roberts sides with the liberal judges who claim the lawsuit failed to tell SCOTUS “what would happen to the Dreamers?” Roberts added he was concerned about “the hardships to DACA recipients.”

Folks, we can’t make this stuff up. 

The other reason Roberts cites is “the administration had failed to offer sufficient reasons for rescinding the policy.” So, being unconstitutional isn’t enough reason? Attorney Joel Pollack notes: “The dissent makes the point conservatives have made for years: how can it be wrong to reverse a policy that was unconstitutional the day it was made? #DACA Roberts and the liberals say: well, you still have to reverse it a certain way.”

“The dispute before the Court is not whether DHS may rescind DACA. All parties agree that it may. The dispute is instead primarily about the procedure the agency followed in doing so,” the opinion by Justice Roberts declared.

The partial dissent, written by Justice Clarence Thomas, argues that the fact that DACA was unconstitutional and unlawful from the outset should preclude any ruling by the Court on the question of whether it was rescinded properly.

“DHS created DACA during the Obama administration without any statutory authorization and without going through the requisite rulemaking process. As a result, the program was unlawful from its inception,” Justice Thomas wrote.

“The decision to countermand an unlawful agency action is clearly reasonable. So long as the agency’s determination of illegality is sound, our review should be at an end,” Thomas added. “Today’s decision must be recognized for what it is: an effort to avoid a politically controversial but legally correct decision.”

Justice Thomas is siding with the Constitution. Roberts and his renegade liberal cohorts on the Supreme Court are legislating from the bench. They aren’t lawmakers. Justice Thomas is correct in asserting after concluding that DACA was unconstitutional, that should have been the “end of the review” by the justices.

Already, liberals are celebrating saying this decision opens the floodgates for multiple new lawsuits by illegals to obtain amnesty. Even the satire website the “Babylon Bee” is making the case of just how awful this decision is with this headline: “SCOTUS Hopes No One Realizes They Lost Their Only Copy Of The Constitution.”

If we know anything about President Donald Trump it is that he does not give up. 

No doubt this case was a major setback to his immigration reform. Trump’s biggest issue in 2016 was the “wall” and ensuring America had a sound border and immigration policy. The Democrats and their allies on the Supreme Court have won this round. The Court’s decision essentially leaves the fate of DACA to be decided by the November presidential election.

About Rebecca Diserio, Opinion Columnist 942 Articles
Rebecca Diserio is a conservative writer and speaker who has been featured in numerous high profile publications. She's a graduate of St. Joseph High School in Lakewood, CA and worked as a Critical Care Registered Nurse at USC Medical Center. A former Tea Party spokesman, she helped manage Star Parker’s campaign for US Congress and hosted a popular conservative radio show where she interviewed Dr. Alveda King, Ann Coulter, David Limbaugh, and Michelle Malkin. A police widow, she resides in Southern California.