On Thursday, the Supreme Court struck down the Trump Department of Homeland Security’s (DHS) memorandum rescinding the Deferred Action for Childhood Arrivals (DACA) program that the Obama administration illegally imposed. Justice Clarence Thomas eviscerated this “timid” decision, arguing that by ruling against the Trump administration’s lawful reversal of the unlawful DACA program, the Court had again usurped Congress’s authority and created “perverse incentives” for political battles to be fought in the courts, rather than elected branches.
“Today’s decision must be recognized for what it is: an effort to avoid a politically controversial but legally correct decision,” Thomas wrote in his dissent. “The Court could have made clear that the solution respondents seek must come from the Legislative Branch. Instead, the majority has decided to prolong DHS’ initial overreach by providing a stopgap measure of its own.”
“In doing so, it has given the green light for future political battles to be fought in this Court rather than where they rightfully belong—the political branches. Such timidity forsakes the Court’s duty to apply the law according to neutral principles, and the ripple effects of the majority’s error will be felt throughout our system of self-government,” the justice warned.