The DACA Decision and the Judicial Threat to the Rule of Law
Interested to hear Sherb's Opinion on this one. I couldn't agree more with the author.
This is extraordinarily dangerous judicial nonsense. If the Obama administration was merely exercising its “prosecutorial discretion” — as it claimed it was — there is absolutely no law or authority stopping the next administration from undoing the change. None. And if the Obama administration’s action went beyond mere prosecutorial discretion, then it’s void for violating the APA. No administration has the power to issue new regulations via memorandum.