DOJ Files Appeal After Federal Judge Blocks Pres. Trump’s DACA Decision

January 16, 2018
OAN Newsroom

The Justice Department is appealing a ruling that tried to block the president’s decision to end DACA.

FILE – In this Jan. 10, 2018, file photo, President Donald Trump listens during a meeting in the Oval Office of the White House, in Washington. (AP Photo/Evan Vucci, File)

The DOJ filed a notice Tuesday and plans to ask the Supreme Court to take on the case directly bypassing the Ninth Circuit Court of appeals that made the decision late last week.

Department officials say the decision by the San Francisco federal judge defies both law and common sense.

The officials added, they want the issue to be resolved quickly and fairly.

The federal judge’s ruling means the Obama-era program would have to stay in place.

DACA has been a hot button issue for the upcoming spending bill as Democrats have threatened to shut down the government if there’s no solution to the program.

99 Comments on "DOJ Files Appeal After Federal Judge Blocks Pres. Trump’s DACA Decision"

  1. Always vote NO to retaining l1bt@rd judges

  2. Hate to remind of that old saying. We have the government we deserve.

  3. The Congress has the power to remove these morons from the bench. Looking at the track record of these 9th Circuit judges and how they have politicized their office (e.g., ruled for Obama and against Trump on the same exact issues) and the number of times they have been overturned by SCOTUS, I think Congress should investigate them and even hire the ABA to opine on their behavior, then Congress would have a solid case for removing them from the bench. BTW, removing is done by impeachment. Under the Constitution, impeachment and conviction disqualifies that person from any future office … they can never be a Federal judge again!!

  4. We need to let California and New York just go their own way……they are not abiding by our countries constitution and laws and do nothing but create issues! The judges their that have made unconstitutional rulings need to be removed for breaking their oath to uphold the law.

  5. How can a political hack of a Federal Judge over rule the President? Something is VERY wrong here. Liberal Judges have done more damage to America than any group of terrorists could ever dream of doing ! WHY are they allowed to get away with it?

  6. andrew moore | January 17, 2018 at 4:40 am |

    The ninth circus court…..every time I hear the words “ninth circus court” I know it has something to do with some liberal judge in CA trying to legislate law from his bench instead of letting congress do their job. It is getting to be high time the ninth circus court is disbanned and spread into the wind.

  7. How can a Presidential Executive Order by Obama survive another Presidents Executive Order rescinding Obama’s Executive Order and how can the courts get involved in Presidential executive orders? If an Illegal Alien is here without papers, they are illegal and no court can change that status. The courts cannot make an illegal alien legal. That is the domain of the Federal government ie the executive branch of government.

    • andrew moore | January 17, 2018 at 4:41 am |

      The ninth circus court is a liberal court….it is the demonrats attack dog…it has a nice bark but no teeth…..the ninth circus court has had more rulings overturned as being wrong than any other court in the country….what does that tell you.

  8. The SCOTUS will most likely kick it back to the 9th circus. Then it will go back to the SCOTUS for a final ruling. Will most likely be a few months before this is over.

  9. Lea Rosenberg | January 16, 2018 at 10:32 pm |

    Illegal is ILLEGAL

    • andrew moore | January 17, 2018 at 4:47 am |

      but you are forgetting about the liberal logic….they believe rainbow farting Unicorn utopias exist where the rivers and streams run full with starbucks coffee and the meadows are full of soy bran muffins blooming everywhere, that everyone has evolved equally…..work is a four letter word that should not be spoken of…and a hug will solve all problems and make everyone get along.

  10. A marcus Young | January 16, 2018 at 10:31 pm |

    The 9th circuit has clearly been radicalized by the Democrat Party and is overatepping its authority. I do jot understand why it is not being dissolved

  11. Troutaholic Flo | January 16, 2018 at 10:13 pm |

    how can something that was Illegal be upheld in a court of law when in fact the courts are to enforce the state of law.

    • andrew moore | January 17, 2018 at 4:49 am |

      What you are experiencing is the breakdown of our country from within. Rome fell this very way. This is what the liberals have been after for many many years and it will succeed unless we the people stop it and return this country back to it’s great state.

  12. Sportsmadness | January 16, 2018 at 9:24 pm |

    Have this coward judge stand at the border crossing areas where the drug cartels come across armed …. he might change his mind if he survives the encounter

    • andrew moore | January 17, 2018 at 4:52 am |

      Careful….he might give them a hug, grant them citizenship, give them welfare, food stamp, and section 8 housing vouchers and drivers licenses….he would probably also give them a voter registration card already filled out as a demonratic voter and would give them directions to the nearest sanctuary city.

  13. So, what’s the process by which a federal judge can be removed from the bench? This needs to be looked into; in fact, it’s way, way, way past time for this to have been looked into.

  14. ...remain calm and return fire | January 16, 2018 at 8:45 pm |

    Trump is saving the republic damn near singlehandedly. Godspeed Mr. Trump.

  15. Lenny Woodson | January 16, 2018 at 8:22 pm |

    One loony judge can rock this whole boat, huh? We’re a pushover excuse of a country.

  16. Maybe trump should make his own EO over writing Barry’s EO.

    • Deplorable Phytomorphogenesis | January 17, 2018 at 12:06 am |

      Of course President Trump can, and it is within his constitutional rights. He is NOT doing it because there is “due process”, and he is driving the dimms between a corner and a hard rock on getting what he wants. When the dimms shout “shutting down government”, the American public will know WHO the actual villains are. POTUS 45 is an extremely smart man. Yes, a GENIUS.

  17. End DACA. End NFA.

  18. I bet its the same judge that gave amnesty to that puky illegal immigrant who killed that poor girl and the judge gave him probation for being in possession of a firearm. Both of them should be on the underside of a thirteen knot nuse….i get sick to my stomach thinking about the Bay Area…

    • andrew moore | January 17, 2018 at 4:54 am |

      ahhh yes….the bay area….Satans refuge….where men are men and the boys all know it.

      • I grew up in the Bay, theres a reason why I left. I like my guns. Secondly, theres more b*tt f*cking per square foot there, than anywhere else in the US. Not sure what you ment by real men. Run along little troll…

  19. There is not a single Circuit Court Judge out there worth spit. Because they are all Liberal Democrats appointed by the Keynan Immigrant.

  20. I could be wrong about this, but I don’t think so. This power that these circuit court judges are exercising are simply a test. A test on what the authority of the President has.

    He has to find a way to shut them down and bury them, once and for all. Because they are attempting to undermine the rule of government, the way it was set up in the beginning, by our Founders.

  21. why are these a****e judges allowed to meddle with areas outside their jurisdiction? They were ok with Obama issuing EO after EO..

    • andrew moore | January 17, 2018 at 4:56 am |

      Because what obummer was doing fit into their agenda….what Trump is doing goes against and destroys all that they have accomplished so they are trying to stop or at least slow down the destruction by obstructing.

  22. If we don’t find a way to reduce the power of these circuit court judges, then we are in for a rocky road indeed. This is something our Founders never envisioned. This is a Liberal thing.

    • andrew moore | January 17, 2018 at 5:04 am |

      I disagree….Our forefathers knew it was going to happen therefore they gave us a means do deal with it through our Constitution. It gives we the people the very power to do something about it…nay….the duty to do something about it….

      ” But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. “

  23. I think our Founders, in their wisdom, saw this coming. While they may have been aware of the possibility of such a thing happening, they were simply too far away from it in time, to be able to prevent it from happening.

    But i do think it was something they considered.

    I’m going to go out on a limb here for a moment. You may agree with me or not. Stay with me here. This is not easy. Because some of it involves faith. Some of us have it, some of us don’t. And that’s okay really.

    There were only two things that involved the minds of our Founders.
    Freedom of the individual from the tyranny of an over powerful government and the freedom of that individual to pursue his own dreams.

    That statement that I just printed, is the absolute essence of what these people believed in.

    We were lucky. That’s what it amounts too, after all these years. We were lucky.
    Lucky to be born and grow up in the one country on planet earth that was built on the idea of the freedom of the individual.

    All of you Idiot Liberals out there, you go right ahead and protest. But stop and think for just a moment where your right to protest actually comes from.
    It comes from our Founders. Yeah, all those dead guys who two hundred thirty years ago, fought for your right to act like an idiot.

    You don’t really know how good you have it. In a Communist country, you wouldn’t last two days.

    • andrew moore | January 17, 2018 at 5:16 am |

      Sure they did…that is why they gave we the people the duty to protect it under the Declaration of Independence….we are the stewards of not only our futures but the stewards of our children’s futures.

  24. And if the ruling is overturned by the Supreme Court, Congress needs to explore impeachment proceedings for these federal judges

    • andrew moore | January 17, 2018 at 5:08 am |

      simply pass a law that says a judge issuing a wrong ruling can be sued…..that alone would end legislating politically from the bench and return the court system back to rule of law.

      • …and another judge would judge the lawsuit against the judge if it went to a bench trial.

        • andrew moore | January 17, 2018 at 5:17 pm |

          I know…I know….I know…..lets set up a special secret court with special secret judges who nobody knows who they are and nobody has oversight over….we will give them the power to determine who is guilty and who is not in a special secret court hearing where nobody is allowed to attend….not even the attorneys…We will call it the FISA court……what could go wrong???

      • Great idea as well

      • Great idea as well

  25. It’s unfortunate that these judges make rulings based on their political beliefs rather than the rule of law.

    • You mean to tell me judges may be biased against a certain political party? Well at least we know the press respects the truth and the integrity of the constitution. In other words; thanks for the comment and I totally agree!

    • andrew moore | January 17, 2018 at 5:10 am |

      Really there is nothing keeping them from not doing it….now if a law was to be passed which made them accountable and allowed them to be sued each and every time they ruled incorrectly you would see the judicial branch return to the rule of law rather than the politically motivated rule they now follow.

  26. oneeyedclay | January 16, 2018 at 6:17 pm |

    How is a Federal Judge even involving himself in this issue? It’s not Law and has no legal basis? It’s one Presidents Executive order versus another? What is wrong with this Judge?

  27. We simply can’t allow this to happen. We simply can’t.

    Circuit court judges are not the ruling body of this nation’s government.
    What they are doing approaches a criminal act. They should be called to task for their behavior and punished. This is all part of the more general, Hate Trump thing

  28. Bruce Johnson | January 16, 2018 at 6:10 pm |

    Disbar the Ninth Circuit ! They too are like California, progressive liberal coms im thiking – 4 nukes dropped on the San Andreas fault spaced just right…. wonder what would slide and just how far and deep. Lol

  29. Behold the 9th Circus Court of Appeals.
    Legislating from the bench just to know how it feels.
    Greasepaint, black robes and really big shoes.
    Unfounded, unconstitutional, irrational decisions just to make the news.
    So bad, even the SCOTUS they confound.
    The 9th Circus isn’t just Justice undone it’s Justice beclowned.

  30. Deplorable Phytomorphogenesis | January 16, 2018 at 4:37 pm |

    The 9th circuit court “judge” has NO rights whatsoever.
    In the 1st place, daca was an EO from that last incompetent biracial dunderhead.
    President Trump has the constitutional rights to END it all.
    And NO AMNESTY. Send those illegals BACK to their homes. Wherever that may be.
    Mexico, El Salvador, Nicaragua, Panama…

  31. I really believe it is time for Trump to start appointing judges to federal benches.

    • Rose Ribitzki | January 16, 2018 at 4:43 pm |

      he has dozens appointed, but it is stalled in Congress … dems will not approve or vote for them ! … disgusting !!

  32. No DACA without a Wall. If the government is shutdown, no DACA at all.

  33. All American | January 16, 2018 at 3:53 pm |

    The Judges should be removed! PERIOD

  34. DACA is not a law. It’s nothing more than an Executive Order issued by Obama for no other reason but to kick the can down the road. Had the Obama administration wanted it permanent, they could have done what President Trump did — pass it to Congress for a permanent fix. Our current President is not likely to kick many cans. If the Dems really think it’s worth a government shutdown to protect illegal aliens, I say SHUT ‘ER DOWN! And do that with no lost wage reimbursement except the military and essential services personnel. Great opportunity to find out what services are indeed “essential” … could probably build a good section of the wall with what we save.

    • Lonney L Sennett | January 16, 2018 at 5:31 pm |

      Actually, DACA is nothing more than a policy that was released by the Department of Homeland Security. That’s why the Attorney General has the authority to end the policy. Obama didn’t actually say as much, but he knew that he did not have the authority to change our immigration laws. So as usual, he got someone else to do his dirty work. He is the worst thing to happen to America since pigeons were brought here by the British.

  35. The other Donald | January 16, 2018 at 3:28 pm |

    This should be a 9 to 0 for the DOJ in the vote, should being the key word

    • Deplorable Phytomorphogenesis | January 16, 2018 at 4:36 pm |

      7-2 for the win. Not forgetting 2 appointed by the last biracial dunderhead are still hanging around.

  36. The Judge will lose this fight, he had no legal authority to challenge the Presidents order.. clear case of Judicial Overreach. Apparently he simply did this to virtue signal to the people of California. This judge should be investigated and fined.

    • He should be removed from the bench for violating the Constitution.

    • Rose Ribitzki | January 16, 2018 at 4:37 pm |

      .. and be fired from practicing law !!

    • A marcus Young | January 16, 2018 at 10:34 pm |

      Impeached.

    • Isn’t it odd that these liberal judges supported and still support our last two liberal presidents in their respective failed presidencies (clinton and obama, two terms each) AND these same liberal judges tend to support those same failed presidents and their failed legal careers when they became our last two liberal presidents. clinton was impeached and rightfully so. obummer simply lost all credibility and made several questionable decisions that have since been revoked or otherwise overturned/overruled. IMHO. Blatant lying and distortion of the legal system seems to be a trait of liberals, at best.

  37. Will Fish 4 Trout | January 16, 2018 at 3:05 pm |

    7.62×51@2700fps will fix this Judiciary Lunacy.

    Remember what Thomas Paine said, The Tree of Liberty…

  38. Tony Anthony | January 16, 2018 at 2:55 pm |

    Why are we giving into these judges with no power. Where were these crazy judges when Obama came up with this executive order, which had to power.. Trump needs to replace everybody on the 9th circuit court.

  39. Yep , that Federal Judge in Hawaii got it handed to him and his twin in San Francisco will get his ruling stuff up his Butt too …………..

  40. The discipline process of federal judges is initiated by the filing of a complaint by any person alleging that a judge has engaged in conduct “prejudicial to the effective and expeditious administration of the business of the courts, or alleging that such judge is unable to discharge all the duties of the office by reason of mental or physical disability.”
    They can be removed…

  41. “Ninth Circus Court of appeals”… Wouldn’t you just know that right out of the gate???
    When is the Supreme Court going to suggest the Congress exert it’s power over these CLOWNS ???

  42. Robert Kite | January 16, 2018 at 2:05 pm |

    The Judge needs to be replaced period!

  43. Have an armed militia group drag these rogue judges out in the street by their scrotes and put an AMERICAN behind the bench!

  44. landy fincannon | January 16, 2018 at 1:54 pm |

    Judicial tyranny. Why not call their
    bluff and see where this goes. What are they going to do , arrest them?

  45. Anyone else expect anything from a liberal place that houses a liberal judge ? {San Francisco federal judge}

  46. antiliberal00 | January 16, 2018 at 1:30 pm |

    Why bother ? The judge has no authority to involve himself with immigration and even more so, he can’t order a standing president to uphold an unconstitutional executive order by a previous president.
    His unconstitutional ruling is a solid enough reason for the judge to be removed from the bench.

    • Rose Ribitzki | January 16, 2018 at 4:34 pm |

      is this the same idiot liberal judge that blocked President’s EOs when he tried to stop accepting people from designated terrorist countries? … I agree… DISBAR HIM !!

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