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SCOTUS Turns Down Premature Appeal in DACA Case

For most cases reviewed by the U.S. Supreme Court, the procedure is to litigate the case to a final judgment in the lower courts and then petition for what is called a "writ of certiorari" from the Supreme Court, which effectively moves the case there for review.

For cases from state courts, the U.S. Supreme Court's jurisdiction is limited to review of final judgments, although the high court sometimes demonstrates some dexterity on what it considers "final."  For cases from the lower federal courts, the high court has the jurisdiction to take a case from them before they are done with it, but it rarely does.

The case of Dept. of Homeland Security v. Regents of U. of Cal., No. 17-1003 involves President Trump's effort to terminate the Deferred Action for Childhood Arrivals program, the program that President Obama first said he had no constitutional authority to promulgate and later did anyway.  The government took the unusual step of petitioning for a writ of certiorari before judgment, and today the Supreme Court took the usual step of saying no.

Well, not quite the usual step.  Most unsuccessful certiorari petitioners get an unexplained one-liner:  "The petition for a writ of certiorari is denied."  Today's order in the DACA case reads differently:

The petition for a writ of certiorari before judgment is denied without prejudice. It is assumed that the Court of Appeals will proceed expeditiously to decide this case.
I'm sure the Ninth gets the message.  No dilly-dallying.

As California's previous Governor famously said (albeit in the singular), "We'll be back."  That is, the case will be back in SCOTUS unless Congress addresses the childhood arrivals issue in a statute.  If it does, the case join the case of the second travel ban order in the Munsingwear mootness hamper.

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