President Trump has promised to release a new list of conservative Supreme Court picks after the High Court blocked his administration from rescinding former President Barack Obama’s Deferred Action for Childhood Arrivals order.
The Supreme Court issued a Thursday ruling that the Department of Homeland Security violated the Administrative Procedure Act and moved to rescind DACA too quickly. The court did not say that Trump lacks the authority to eventually repeal the order, and Trump pledged to continue repealing the Obama-era directive.
The court decision was a surprise win for progressive immigration advocates and a loss for the Trump administration. The court was largely split between its ideological blocs except for Chief Justice John Roberts, who sided with the four liberal justices.
“The recent Supreme Court decisions, not only on DACA, Sanctuary Cities, Census, and others, tell you only one thing, we need NEW JUSTICES of the Supreme Court,” Trump tweeted after the decision. “If the Radical Left Democrats assume power, your Second Amendment, Right to Life, Secure Borders, and Religious Liberty, among many other things, are OVER and GONE!”
…Religious Liberty, among many other things, are OVER and GONE!
— Donald J. Trump (@realDonaldTrump) June 18, 2020
Trump pledged to come out with a new list of potential Supreme Court picks similar to the list he released in the run-up to the 2016 election. During the 2016 campaign, the list of potential picks Trump released helped shore up support among some skeptical conservatives.
“I will be releasing a new list of Conservative Supreme Court Justice nominees, which may include some, or many of those already on the list, by September 1, 2020. If given the opportunity, I will only choose from this list, as in the past, a Conservative Supreme Court Justice,” Trump said. “Based on decisions being rendered now, this list is more important than ever before (Second Amendment, Right to Life, Religous Liberty, etc.) – VOTE 2020!”
…Based on decisions being rendered now, this list is more important than ever before (Second Amendment, Right to Life, Religous Liberty, etc.) – VOTE 2020!
— Donald J. Trump (@realDonaldTrump) June 18, 2020
Trump’s loss over DACA follows an earlier defeat on how to interpret Civil Rights Act Title VII protections against discrimination. The Supreme Court voted 6-3 on Monday to include protections for gay, lesbian, and transgender people into the law. Supreme Court Justices Neil Gorsuch and John Roberts sided with the court’s liberal bloc to make up the majority.
The court opinion, written by Gorsuch, said that discrimination based on sexual orientation is the same as discrimination based on sex. The decision could have wide-ranging implications for religious institutions and businesses.
Supreme Court Justices Samuel Alito and Clarence Thomas dissented, criticizing the majority for folding together two separate and distinguishable terms.
“The Court tries to convince readers that it is merely enforcing the terms of the statute, but that is preposterous,” Alito said. “Even as understood today, the concept of discrimination because of ‘sex’ is different from discrimination because of ‘sexual orientation’ or ‘gender identity.’”
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