Failing to Make the Cut: DACA Among Cases SCOTUS Will Likely Not Hear

Canary. Photo by 4028mdk09.

Several cases seem to have failed to make the cut on the Supreme Court’s case load of challenges to hear this term, among them “to hear appeals of lower court rulings that prevent the government from shutting DACA down,” NBC News reports.

Video report here.

“If the justices don’t take up the issue during the court’s current term, the government will be required to keep the program going for at least ten more months.”

The Trump administration urged the justices to hear appeals of lower court rulings that prevent the government from shutting DACA down, but Friday was the last day for adding cases to the current term’s docket, barring unusual circumstances. Any cases accepted in subsequent weeks won’t be heard until the next term, which begins October 1, and it would take a few months more for the court to issue a decision.

NBC News

According to Bloomberg, under usual practices for the accepted court cases they are usually scheduled “for the last week of arguments in late April,” and “the current term runs through June.”

After making the move of jumping the appellate court before they had ruled and turning directly to the Supreme Court for review, a move that is considered unusual – but with this administration one they continue to use regardless, as seen in the Census citizenship case and continually getting shut down for their efforts – citing they wanted a “timely and definitive resolution of the dispute this term,” the move to remove the DACA case from the schedule could be considered a blow for this administration once again.

Bloomberg reports, “the San Francisco-based 9th U.S. Circuit Court of Appeals later ruled against the administration, saying it acted based on a faulty view of the law. The panel left open the possibility the administration could end the policy for other reasons.”

The Supreme Court also took no action Friday on a list of other major cases, suggesting the justices will take a low profile in Justice Brett Kavanaugh’s first term. Those cases include a Trump administration bid to ban most transgender people from serving in the military and appeals testing whether federal law bars job discrimination on the basis of sexual orientation.

The court Friday also scrapped plans for a Feb. 19 argument involving the Trump administration’s plan to add a citizenship question to the 2020 census.


For what it’s worth, a trip in the Waaay Back machine takes us to February 2018.

Published on Feb 26, 2018

About the opinions in this article…

Any opinions expressed in this article are the opinions of the author and do not necessarily reflect the opinions of this website or of the other authors/contributors who write for it.