National Review has published my latest piece, in which I urge the Solicitor General to respond to the Court’s CVSG in the Arizona Dream Act case by urging the Justices to hear the case this term. Deciding the legality of DACA now will circumvent the string of losses they will experience in the lower courts. By shifting from defense to offense, this issue can be resolved this term.
Here is the intro:
Almost immediately after President Trump announced that he would wind down the policy known as Deferred Action for Childhood Arrivals — which shields from deportation nearly a million “Dreamers,” aliens brought to the U.S. as children — lawsuits were filed across the country. These courts are soon expected to issue nationwide injunctions against the president, which will trigger the now-familiar rat race: The government will be forced to seek emergency stays from the Courts of Appeals (which will be denied), followed by a frantic appeal to the Supreme Court. There is a smarter approach: The government should urge the Supreme Court to hear a related case from Arizona this term. Doing so would settle this important constitutional question now and shortcut the inevitable defeats in the lower courts.