Published: Thu, November 08, 2018
Electronics | By Shannon Stone

Administration asks Supreme Court to bypass appeals courts, take up DACA case

Administration asks Supreme Court to bypass appeals courts, take up DACA case

The Trump administration and internet service providers had asked justices to wipe away the ruling by the US Court of Appeals for the District of Columbia Circuit that had temporarily preserved the net neutrality regulations championed by Democratic former President Barack Obama.

The GOP-led effort to repeal the FCC's net neutrality rules set off a separate round of litigation, as tech companies and consumer groups sued to block the deregulation.

Even so, in response to that challenge to DACA, the Trump Administration concluded that it could not defend the legality of DACA in its original form.

"The Department of Justice should not have been forced to make this filing today - the Ninth Circuit should have acted expeditiously, just as the Supreme Court expected them to do - but we will not hesitate to defend the Constitutional system of checks and balances vigorously and resolutely", Attorney General Jeff Sessions said in a statement after the appeals were filed.

The day before congressional elections in which Trump's anti-immigration rhetoric has taken center stage, the administration urged the justices to throw out three lower court rulings that blocked Trump's plan to wind down the Deferred Action for Childhood Arrivals (DACA) program.

Three members of the Supreme Court - Justices Clarence Thomas, Samuel Alito and Neil Gorsuch - said they would have instead vacated the appeals court decision as moot, presumably because the commission reversed itself previous year, after a change in its membership.

DACA extends temporary legal status to approximately 700,000 migrants, and allows them to obtain work permits. It is rare the high court grants such a so-called fast-track petition before all the lower courts have weighed in on the merits.

Industry trade group USTelecom, one of the groups that challenged the 2015 net neutrality rules, said the high court's action was "not surprising". If the Court doesn't step in at this time, Francisco stated, it could be at least a year before the cases get to it. Until then, the government will have to maintain a policy that it believes is illegal and "sanctions the ongoing violation of federal law by more than half a million people".

Unless the Court directs otherwise, the challengers in each case should have have 30 days to file their briefs opposing its review.

"Those decisions are wrong, and they warrant this court's immediate review", Francisco said Monday.

It takes four of the nine justices to agree to hear a case.

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