After a long and contentious battle in several courts across the nation, the fate of DACA now rests in the hands of nine Supreme Court justices.
On Tuesday, November 12, 2019, the justices heard the first oral arguments in the lawsuit seeking to end DACA.
During opening arguments, the justices gave us a small glimpse into what might be in their hearts and minds.
When the Solicitor General proposed to the justices that the Supreme Court did not have the authority to decide the case on the merits because DACA was a discretionary program which began under the Obama administration, the liberal justices on the court pushed back.
Justices Ruth Bader Ginsburg and Sonia Sotomayor were the first to disagree. Justice Ginsburg pointed to a flaw in the Solicitor’s argument stating that the Solicitor General could not argue that on the one hand the DACA program could not be reviewed by the Court because it was created under Obama’s administration as a discretionary program, and on the other hand that the Obama administration had no discretion to authorize the program because it was illegal to do so.
Sonia Sotomayor further attacked the Solicitor’s arguments stating that the President himself has issued conflicting remarks about the legality of the DACA program, stating first that Dreamers would be “safe under him,” and later terminating the program altogether.