Tuesday, May 15, 2018

Ninth Circuit to Hear Appeal in DACA Rescission Case


The U.S. Court of Appeals for the Ninth Circuit will hear oral arguments this afternoon in the University of California's challenge to the Trump administration's rescission of the Deferred Action for Childhood Arrivals policy at 1:00 p.m. in Pasadena, California.  The argument will be live streamed.


The panel of judges is Kim McLane Wardlaw (Clinton appointee), Jacqueline Nguyen (Obama appointee) , and John B. Owens (Obama appointee).

UPDATE (5/15 2 :15 p.m.): Each side had 30 minutes to argue.  The U.S. government (Hashim M. Moopan, Deputy Assistant Attorney General) reserved seven minutes for rebuttal.  The appellees divided their half-hour as follows:  14 minutes for the State of California (Michael Mongan), eight minutes for the Regents of the University of California (Jeffrey Davidson, Covington & Burling), and eight minutes for the individual plaintiffs (Marc Rosenbaum, Public Counsel). 

The panel was active, with questions for attorneys for both sides.  It was hard to tell how the judges were leaning.  In my estimation, Mr. Rosenbaum in making the constitutional arguments strongly argued the equities favoring the DACA recipients.



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