From labor disputes cases to labor and employment publications, for your research, you’ll find solutions on Bloomberg Law®. Protect your clients by developing strategies based on Litigation...
The Trump administration urged the U.S. Supreme Court to not take up an Arizona appeal that challenges the Deferred Action for Childhood Arrivals program and questions its effect on state laws.
Solicitor General Noel J. Francisco filed an amicus brief in response to the high court’s call for the federal government’s views on the lawsuit that was filed by former Arizona Gov. Janice K. Brewer (R) and other officials.
The Justice Department filing argues the Arizona case wouldn’t add to the court’s understanding of DACA, and the state’s disagreement with a federal appeals court about DACA’s effect doesn’t merit the high court’s attention.
Brewer signed an executive order in 2012 instructing state agencies to prevent DACA recipients from obtaining eligibility for certain state benefits, including the issuance of driver’s licenses.
The U.S. Court of Appeals for the Ninth Circuit ultimately held that Arizona’s policy was pre-empted by the exclusive authority of the federal government to classify noncitizens.
Arizona asked the Supreme Court to review the case. The court hasn’t acted on Arizona’s petition yet but asked for the solicitor general’s views.
The Justice Department brief said there are several reasons for the Supreme Court not to take up the Arizona case. Some of the issues raised by the state “have been overtaken by events,” the solicitor general argued. DACA rules in place when the state adopted its policy on driver’s licenses have been rescinded, the solicitor general said.
The DOJ also argued that Arizona’s challenge to the Ninth Circuit ruling doesn’t warrant review by the high court. The state’s objection to the Ninth Circuit ruling “is not with the rule that the court of appeals applied, but with the application to the facts of this case,” the Justice Department argued. The state failed to show that there is a split between any federal circuits on the issues it wants to raise in the Supreme Court. “This,” the brief said, “is especially so because Arizona apparently is the only State to have adopted such a regime, and therefore the question is not a matter of broad significance.”
The solicitor general urged the justices to deny review of the Arizona petition. However, the DOJ said that another case pending before the court, Department of Homeland Security v. Regents of the University of California, U.S., No. 17-1003, raises similar questions about the validity of DACA. If the high court grants review in Regents, the government said, the court could hold Brewer until it makes a decision in Regents and then “dispose of it as appropriate.”
Solicitor General Noel J. Francisco is counsel of record for the U.S.
The case is Brewer v. Ariz. Dream Act Coal., U.S., No. 16-1180, amicus brief 2/14/18.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)