Once again Roberts and his leftist colleagues have totally destroyed the rule of law. I’m talking about the DACA decision in which Roberts declared that the Trump administration didn’t follow the APA, the Administrative Procedures Act, (a subject about which I know much having worked in an administrative agency for close to 30 years) when it revoked Obama’s illegal DACA Executive Order.
Now before I get into the nonsense of the decision, and Justice Thomas totally laid it out, I want to comment on Roberts. He constantly tells us that judges are not Republicans or Democrats just neutral. Total bullshit! However I think he has proven that he is neither. He panders to the mob and has no real conviction to anything other than trying to make sure ‘his’ court doesn’t do anything that might be controversial and negatively impact his legacy or negatively impact the swamp that is the Washington establishment.
Now for the decision itself, Obama’s Executive Order was not promulgated under the APA. There was no rulemaking, much less public hearings and comments. No after saying it would be unconstitutional to do it he did by fiat. Given that, it strains credulity to say that the Trump administration was required to follow the APA to repeal a rule that wasn’t promulgated under it.
To the extent that Trump did anything wrong, it was that he didn’t issue an E.O. canceling Obama’s E.O. My move at this point would be for Trump to issue an E.O. canceling Obama’s and then let’s see Roberts get his head out of his ass trying to explain how Trump has to follow the APA in issuing an order. Hint — he doesn’t because it doesn’t apply.