President Donald Trump criticized the U.S. Department of Justice Wednesday, saying government lawyers should have asked the Supreme Court to review a lower court decision requiring Arizona to provide drivers’ licenses to DACA recipients.
Lou Dobbs aired a segment on the subject during the Tuesday night broadcast of his Fox Business program, prompting a tweet from Trump the following morning.
Department of Justice should have urged the Supreme Court to at least hear the Drivers License case on illegal immigrants in Arizona. I agree with @LouDobbs. Should have sought review.
— Donald J. Trump (@realDonaldTrump) March 21, 2018
The 9th U.S. Circuit Court of Appeals ruled in February 2017 that Arizona’s Department of Transportation must issue licenses to so-called Dreamers, an executive order from former GOP Arizona Gov. Jan Brewer notwithstanding. Six members of the court led by Judge Alex Kozinski dissented from the ruling.
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The state appealed to the Supreme Court, arguing the issuance of a driver’s license is a core state power that cannot be displaced by the Obama administration’s executive action on immigration.
“This type of unilateral lawmaking usurps the role of Congress and permits too-easy preemption of state law,” their petition read. “The 9th Circuit’s decision is therefore a threat to both the separation of powers and our federal system.”
The justices announced Monday that they would not hear the case. As is typical, they did not give a reason for their denial.
A coalition of 14 states led by Texas urged the high court to take the case. Former Florida Gov. Jeb Bush also filed a brief in favor of review.
The U.S. Solicitor General, a political appointee at DOJ who represents the federal government before the Supreme Court, often petitions the justices to hear particular cases. Those requests are often granted.
The high court has turned back other DACA-related cases this year. The Court denied the Justice Department’s request to overturn a ruling requiring the administration to continue administering DACA in February. That case is currently pending before the 9th Circuit, and will likely return to the justices later this year.
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