June 10, 2019

The U.S. Supreme Court will consider whether to take up two of the Trump administration's long-pending appeals to wind down the Obama-era Deferred Action for Childhood Arrivals program at its conference Thursday, which will be the first time it has discussed the cases since January.

The justices' decision to revisit the government's petitions in two of several cases related to its efforts to rescind DACA came unexpectedly and without explanation Monday. Just last week, the court denied the government's explicit request to hurry up and take action in the cases ahead of its summer recess.

They are now set to vote whether to take up the appeals at their member-only meeting later this week, and could announce their decision as early as Monday. It only takes the votes of four justices to grant certiorari, or review, though they could relist the case for a future date if they so choose.

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The petitions to be considered Thursday were filed on the same day in November 2018 and stem from lawsuits filed in the D.C. Circuit and Ninth Circuit. The administration brought the Supreme Court appeals after district courts ruled in favor of plaintiffs challenging the rollback and before the appeals courts had had a chance to rule. Though the Ninth Circuit did soon after, the D.C. Circuit heard oral arguments in February and has yet to rule.

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The respondents in the D.C. Circuit appeal are represented by Cohen Milstein Sellers & Toll PLLC and Jenner & Block LLP.

The complete article can be accessed here.