Tuesday, November 6, 2018

DHS Seeks SCOTUS Review of DACA Before Courts of Appeal Issue Decisions


On Monday, November 5, the federal government filed Petition for a Writ of Certiorari Before Judgment with the Supreme Court, asking the Court to grant certiorari on litigation over Deferred Action for Childhood Arrivals (DACA) despite the fact that none of the underlying federal courts of appeal have issued judgments.  Amy Howe on SCOTUSBlog describes the procedural posture of the case, the government's most recent request to SCOTUS, and the issues raised in the request.  

As Howe notes, "Requests to grant review before judgment are unusual, and they are even more rarely granted. In a brief two-sentence order in February, the court rejected the government’s request 'without prejudice' – leaving the government the option to file another petition for review later on, presumably after the 9th Circuit ruled on its appeal. At the time, the justices added what seemed to be a caveat to their ruling, writing that although they were turning down the government’s application, it “is assumed that the Court of Appeals will proceed expeditiously to decide this case.”



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