Supreme Court Holds Trump Administration Rescission of DACA Was “Arbitrary and Capricious

The Supreme Court issued only one decision today, but it was another big one: Department of Homeland Security v. Regents of the University of California—the DACA case. In what was largely a 5-4 decision, the Court held that the Trump Administration’s decision to rescind the Obama Administration’s Deferred Action for Childhood Arrivals policy was subject to judicial review and was arbitrary and capricious under the Administrative Procedure Act. The Court also rejected, by an 8-1 vote, the claim that the DACA rescission violated the Equal Protection Clause, though there is no majority opinion on that point.

Chief Justice Roberts wrote the opinion for the Court (and a four-justice plurality opinion on the Equal Protection Claim), joined by the Court’s four liberal justices (save for Justice Sotomayor on the that latter claim). Justice Thomas wrote a dissent, joined by Justices Gorsuch and Alito. Justice Kavanaugh also wrote a dissent. Note that both dissents were, technically, dissents in part and opinions concurring-in-the-judgement in part, as the dissenters all agreed with the Chief Justice’s ultimate resolution of the Equal Protection claim.

The balance of this post will provide some highlights and initial reactions to the decisions. I am confident that my co-bloggers Ilya Somin and Josh Blackman will have more to say about this decision as well (and I suspect they will disagree with each other, so be sure to read them both).

Developing . . . . post being updated


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