The Right Coast

Editor: Thomas A. Smith
University of San Diego
School of Law

Thursday, November 8, 2018

Ninth Circuit rules against Trump administration on DACA - National Constitution Center

It is widely expected that the Supreme Court will accept a DACA case in some form, since the dispute involves a significant executive branch policy ruling on the constitutionality of government program.


I feel a certain nausea when I read about this case and these cases. A bit of excitement as well. Just glancing at the case, it doesn't seem to be beyond the realm of possibility that it was correctly decided, or rather, within the jurisdiction and discretion of a duly appointed court. But maybe not. The opinion is 99 pages long, reportedly. What in the Heart of the Almighty does it take 99 pages to express? Even 33 pages would have been too much. Opinions should be like term papers and have definite page limits. Go over the line, and you get your knuckles rapped.

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Whenever a court nullifies something on the grounds that it is "arbitrary and capricious," it is making a political decision and grasping at straws to support it.

Posted by: Paul Mapes | Nov 9, 2018 11:22:30 AM