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Supreme Court Blocks Trump’s Bid to End DACA

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  • In a 5-4 decision, the Supreme Court blocked the Trump administration from ending the Deferred Action for Childhood Arrivals program (DACA), which was put in place by President Obama in 2012.
  • Under DACA, young immigrations who were brought to the country illegally could be protected from deportation and receive work authorization if they met certain qualifications. 
  • In 2017, the Trump administration announced it was ending DACA because Obama had acted illegally by enacting the program without congressional approval.
  • The Supreme Court ruled that the Trump administration violated the federal law that governs administrative procedures when it ended the program.

SCOTUS Rules on DACA

The Supreme Court blocked the Trump administration’s attempt to end Deferred Action for Childhood Arrivals (DACA) on Thursday, a program that aims to assist young immigrants, often known as DREAMers, who were been brought to the U.S. illegally before the age of 16.

Under DACA, which was created by President Barack Obama through executive action in 2012, recipients are given protection from deportation and work authorization as long as they pursue education or military service and have a clean criminal record. Nearly 800,000 DREAMers have participated in the program since its initiation.

The Supreme Court decision comes as a striking blow for President Donald Trump, who has long criticized the program and made canceling it one of his central campaign promises. 

In Septemeber 2017, Trump announced that he was going to wind down DACA and argued that it was illegal and unconstitutional because it was outside of Obama’s executive powers to create the program without Congress’ approval.

To back up this claim, the Trump administration has pointed to a memo sent to the Department of Homeland Security, which oversaw DACA, written by then-Attorney General Jeff Sessions. 

In that memo, Sessions claimed that DACA was unconstitutional and should be shut down because it would face litigation.

But numerous lower courts blocked Trump’s decision and ruled that the argument that Obama lacked authority to enact DACA did not hold up.

The issue was eventually appealed to the Supreme Court, where Trump’s lawyers argued that even if Obama did have the authority to implement DACA, Homeland Security had the power to get rid of it.

Robert’s Majority Opinion

However, the Supreme Court upheld the lower court rulings in a 5-4 vote, where the court’s four liberal justices were joined by Chief Justice John Roberts, who wrote the majority opinion.

Notably, Roberts argued that the decision was not based on DACA itself or even whether or not the DHS had the power to scrap it, but rather that the Trump administration failed to give an adequate reason to justify ending the program.

Roberts wrote that the Trump administration’s decision to end DACA was “arbitrary and capricious” and in violation of the federal law that governs administrative procedure.

“The dispute before the Court is not whether DHS may rescind DACA,” he wrote. “All parties agree that it may. The dispute is instead primarily about the procedure the agency followed in doing so.”

“We do not decide whether DACA or its rescission are sound policies. ‘The wisdom’ of those decisions ‘is none of our concern,’” he continued. “We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action. Here the agency failed to consider the conspicuous issues of whether to retain forbearance and what if anything to do about the hardship to DACA recipients.” 

“That dual failure raises doubts about whether the agency appreciated the scope of its discretion or exercised that discretion in a reasonable manner. The appropriate recourse is therefore to remand to DHS so that it may consider the problem anew.”

Moving Forward

As indicated in Robert’s remarks, the Supreme Court decision does not stop Trump from getting rid of DACA at some point in the future if his administration were to provide a stronger argument and follow proper federal procedures.

But if he were to proceed, there are a few issues. First of all, DREAMers are highly popular with the public— and not just Democrats.

A Politico/Morning Consult survey from earlier this month found that that a majority of those who voted for Trump in 2016 supported protecting DREAMers from deportation, and more than 75% of registered voters, said DACA recipients should be allowed to stay in the U.S.

DACA recipients are also important and successful parts of American society and the U.S. economy. 

“DACA recipients have gotten advanced degrees; they have started businesses; they have bought houses, had children who are U.S. citizens; and 90 percent have jobs,” Nina Totenberg wrote for NPR. “Indeed, 29,000 are healthcare professionals, working on the front lines of the Covid-19 response.”

The DACA program is even popular with Republicans in Congress. Twice Senate Republican leadership worked closely with Democrats to craft deals that would protect the DREAMers, but both times Trump refused to sign the bills, and even threatened to veto one.

Another issue Trump could face if he tries to rid of DACA again is that it could take months, meaning any of his efforts would be put in limbo until after the election. 

But, at least for now, the nearly 650,000 people who are currently DACA recipients are still protected. That alone is highly significant because, through the legal batter over the program, Trump administration officials have repeatedly said that they planned on deporting DREAMers if the Supreme Court ruled in favor of Trump.

In other words, if the ruling had gone the other way, people who are essential workers, parents of citizens, and major economic contributors—many of whom have lived in the U.S. most of their lives— could be sent back to countries they might not even remember.

See what others are saying: (NPR) (The New York Times) (The Washington Post)

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Liz Cheney Ousted From GOP Leadership Role for Calling Out Trump’s Election Lies

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  • Rep. Liz Cheney (R-Wy.) was ousted from her leadership post by Republicans on Wednesday due to her repeated criticism of former President Trump and his continued efforts to spread false information about the 2020 election.
  • The congresswoman remained defiant in remarks Tuesday night, where she argued Trump was “a threat America has never seen before” who “risks inciting further violence.” 
  • While many Republicans cheered Cheney’s removal as a key step to unify the party, others condemned the decision and accused GOP leadership of “canceling” her for speaking the truth.
  • The move represents perhaps the strongest indication since the Jan. 6 insurrection that the Republican Party will continue to embrace Trump and punish dissenters.

House GOP Removes Cheney From Top Spot

The House GOP voted to remove Rep. Liz Cheney (R-Wy.), the number 3 Republican, from her leadership position Wednesday over her refusal to stay silent about former President Donald Trump’s false election claims.

The remarkable removal comes just four months after the former president incited an insurrection, causing major splits in the GOP.

The latest move is arguably the strongest signal that Republicans have decided their party line is unwavering loyalty to Trump, and that they believe his support is needed to win back the House in 2022.

This is not the first time that Republicans tried to oust Cheney from leadership. Earlier this year, Trump loyalists in the chamber held a vote to remove her after she voted to impeach the president for his role in the insurrection.

That attempt failed, largely because Cheney received backing from Republican leadership. This time, however, she did not have the support of Minority Leader Kevin McCarthy (R-Ca.), who began mobilizing to remove the congresswoman last week after she tweeted that the 2020 election “was not stolen.”

“Anyone who claims it was is spreading THE BIG LIE, turning their back on the rule of law, and poisoning our democratic system,” she added. 

While Cheney has reiterated this stance many times since January, her latest comment seemed to be the final straw, and on Monday, McCarthy officially announced he was holding a vote on her position in a letter to his conference.

In the letter, which was full of contradictions, McCarthy claimed that the GOP was a “big tent party” of “free thought and debate,” while simultaneously calling for the removal of a leader who broke with Trump, and painting the vote as a necessary step to unify the party.

A majority of the party backed that decision Wednesday morning when McCarthy held a voice vote, making it so that the public will never know exactly how many people voted to remove the congresswoman.

Cheney’s Speech

Cheney, for her part, held firm to her beliefs in a defiant speech Tuesday ahead of the anticipated vote, where she continued to condemn Trump’s lies and accused her fellow Republicans of being complicit in undermining Democracy.

“Today we face a threat America has never seen before. A former president, who provoked a violent attack on this capital in an effort to steal the election, has resumed his aggressive effort to convince Americans that the election was stolen from him,” she said. 

“He risks inciting further violence. Millions of Americans have been misled by the former president, they have heard only his words, but not the truth, as he continues to undermine our democratic process, sowing seeds of doubt about whether democracy really works at all.” 

“This is not about policy. This is not about partisanship. This is about our duty as Americans,” she continued later.  “Remaining silent and ignoring the lie emboldens the liar. I will not participate in that. I will not sit back and watch in silence, while others lead our party down a path that abandons the rule of law and joins the former president’s crusade to undermine our democracy.”

Response

Cheney’s parting speech drew boos from some of her colleagues, many of whom cheered her ouster Wednesday.

“Liz Cheney is the GOP of the past,” Rep. Lauren Boebert (R-Co.) tweeted. “We are not going back.”

Trump himself also issued a series of statements calling Cheney a “bitter, horrible human being,” and claiming that Republicans “have a great opportunity today to rid themselves of a poor leader, a major Democrat talking point, a warmonger, and a person with absolutely no personality or heart!”

However, many House Republicans condemned the move.

“i predict that the history books of the future will not celebrate,” Rep. Adam Kinzinger (R-Il.) wrote in a thread “They will say this was the low point of the Republican Party.” 

“Liz Cheney was canceled for speaking her mind,” Rep. Ken Buck (R-N.Y.) told reporters.

Next Steps

There has been a similarly mixed reception to Cheney’s anticipated replacement, Rep. Elise Stefanik (R-N.Y.), who McCarthy has tapped to fill the position.

Stefanik took office as a moderate cheered for openly defying and condemning Trump. Her role in Congress changed drastically in the fall of 2019, when she became one of the most vocal opponents of his first impeachment, prompting him to tweet, “A new Republican Star is born.” 

After that, she booked more TV appearances, campaign donations, and general fame. Her support for the former president grew and she doubled down, spreading his false election claims in 2020.

If she is elected to leadership, as is expected, the top three House Republican leadership positions will all be held by people who voted to not certify President Joe Biden’s win.

Cheney, for her part, has made it clear she does not intend to go anywhere. After Wednesday’s vote, the congresswoman told reporters that she will do “everything” she can “to ensure that the former president never again gets anywhere near the Oval Office.”

“The nation needs a party that is based upon fundamental principles of conservatism, and I am committed and dedicated to ensuring that that’s how this party goes forward, and I plan to lead the fight to do that,” she added.

According to The Washington Post, sources have said that Cheney already spent the last week planning for increased travel and media appearances to promote her case and rally other Republicans behind her.

She likely will not be alone in her endeavors: on Tuesday, The New York Times reported that more than 100 current and former anti-Trump Republicans are preparing to release a letter this week threatening to split from the GOP and create a third party if changes are not made.

See what others are saying: (The New York Times) (The Washington Post) (NPR)

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Biden Says Americans Will Lose Unemployment Benefits if They Turn Down “Suitable” Jobs

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  • President Biden said Monday that out-of-work Americans will lose their enhanced federal unemployment benefits if they turn down a “suitable” job offer.
  • The announcement follows a stark jobs report from the Labor Department, which found that just over 260,000 jobs were added in April when nearly 1 million had been projected.
  • Republican lawmakers blamed the additional $300 a week in joblessness benefits provided by the federal government, and several Republican-led states have opted out of the programs, arguing that doing so will encourage people to go back to work.
  • Biden rejected those arguments, noting that numerous studies disprove that claim. Instead, he said American corporations should do more to entice people to work, such as providing pay raises and COVID safety precautions.

Biden Addresses Benefits as Job Creation Falters

President Joe Biden on Monday ordered the Labor Department to ensure that Americans will lose their enhanced federal unemployment benefits if they do not accept a “suitable” job when offered.

In remarks at the White House, Biden also said he would direct the agency to work jointly with states to reimpose the requirement that people collecting joblessness benefits must show they are actively looking for work.

The comments come just days after the latest jobs report showed far fewer positions created than expected. The Labor Department reported that just 266,000 jobs were added last month, even though economists had predicted it would be about 1 million.

While broad swaths of the U.S. economy are opening up as more Americans get vaccinated, some employers have reported that they are having a hard time finding workers.

Republicans have largely argued that this is because of the additional $300 a week in unemployment benefits Americans are collecting from the last stimulus package.

The Unemployment Debate

In his address, however, Biden hit back on that claim. He said the White House does not “see much evidence” that benefits have deterred people from taking jobs — a fact that is supported by numerous studies on pandemic unemployment benefits. He also argued that corporate America has to do more to encourage people to come back to work.

The president placed responsibility on employers, especially those who have accepted federal relief, to raise their pay, protect their workers from the virus, and help them gain access to vaccinations so out-of-work Americans feel safe going back.

“My expectation is that as the economy comes back, these companies will provide fair wages and safe work environments, and if they do, they’ll find plenty of workers,” he said. “And we’re all going to come out of this together and better than before.”

Some companies have already started to take similar steps, like Chipotle, which announced Monday that it was raising its average wage to $15 an hour to address the labor shortage. However, many big companies will simply wait it out.

Those businesses may not have to wait long because a growing number of Republican-led states have been rejecting the increased federal unemployment money. On Monday, the governors of Alabama and Mississippi joined Montana, South Carolina, and Arkansas and announced their states would be leaving the programs by mid-June. More states are likely to do the same. 

See what others are saying: (NPR) (CBS News) (CNBC)

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Trump’s DOJ Allegedly Obtained Phone Records of WaPo Reporters Covering Russia Probe

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  • Former President Trump’s Justice Department secretly obtained phone records from Washington Post journalists covering Russia’s involvement in the 2016 election, the outlet reported Friday.
  • The DOJ seized records of the work, home, and cellphone numbers of three reporters from April 15 to July 31, 2017. Those records included who the calls were with and how long they were, but not what was said.
  • Many journalists and Free Speech activists condemned the action and called on the Biden administration to end the practice of record subpoenas, which are often used by the government to find clues about possible sources and can harm key newsgathering.
  • A DOJ spokesperson defended the previous administration’s actions, arguing that the news media are not the targets of such investigations but rather, “those with access to the national defense information who provided it to the media and thus failed to protect it as lawfully required.”

Washington Post Reporters Subpoenaed

The Washington Post reported Friday that the Justice Department under former President Donald Trump secretly obtained phone records from some of its journalists regarding reporting they did on Russia’s role in the 2016 election.

According to the outlet, the DOJ sent three separate letters dated May 3 and addressed to three former Post journalists to inform them they were “hereby notified that pursuant to legal process the United States Department of Justice received toll records associated with the following telephone numbers for the period from April 15, 2017 to July 31, 2017.” 

The letters, which listed work, home, or cellphone numbers, also stated that prosecutors had gotten a court order to obtain records for the reporters’ work email accounts, but that they did not ultimately not obtain those records.

The phone records, the outlet said, “included the numbers of all the calls made to and from the targeted phone over the specified time period, and how long each call lasted, but do not include what was said in those phone calls.”

“Investigators often hope such records will provide clues about possible sources the reporters were in contact with before a particular story published,” it added.

The Post reported that the letters do not say why the DOJ was seizing the phone records. However, it did note that toward the end of the time period outlined, the three reporters had written a story about classified U.S. intelligence intercepts that indicated then-Attorney General Jeff Sessions had discussed the Trump campaign with Russia’s ambassador to the U.S. when he was a sitting senator in 2016.

The alleged move is significant because it is rare for the DOJ to use subpoenas in order to obtain records of reporters in leak investigations. In fact, the last high-profile seizure of communication records was part of an investigation into a source cited in 2017 reporting that was also about the investigation into Russian election interference.

Also very notably, these subpoenas need to be approved directly by the attorney general. A spokesperson for the DOJ told The Post that the records had been requested in 2020, meaning it would have likely taken place under Attorney General William Barr, who stepped down on Dec. 23.

Response

The allegations immediately drew criticism from First Amendment advocates and journalists, who have long opposed the practice of obtaining these kinds of records, and argued that attempts to identify sources of leaks hurt critical news gathering and reporting.

“We are deeply troubled by this use of government power to seek access to the communications of journalists,” said Cameron Barr, the current acting executive editor of The Post. “The Department of Justice should immediately make clear its reasons for this intrusion into the activities of reporters doing their jobs, an activity protected under the First Amendment.”

Many other journalists also demanded that the Biden administration ensure such practices are not replicated, noting the escalated efforts to subpoena reporters records under both the Trump and Obama administrations.

However, a DOJ spokesperson defended the previous administration’s decision to subpoena The Post reporters in a statement to the outlet.

“While rare, the Department follows the established procedures within its media guidelines policy when seeking legal process to obtain telephone toll records and non-content email records from media members as part of a criminal investigation into unauthorized disclosure of classified information,” the spokesperson said. 

“The targets of these investigations are not the news media recipients but rather those with access to the national defense information who provided it to the media and thus failed to protect it as lawfully required.”

See what others are saying: (The Washington Post) (Variety) (CNN)

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