The Department of Justice this week warned the left-leaning Court of Appeals for the Ninth Circuit that it would withdraw a controversial immigration case and take it straight to the Supreme Court.
In a letter dated Oct. 17, government attorney Mark B. Stern threatened to remove the case if the Ninth Circuit did not rule by Oct. 31 on a challenge to the Deferred Action for Childhood Arrivals (DACA) program.
Stern advised that the government would take the case straight to the Supreme Court, where the confirmation of Justice Brett Kavanaugh has likely shifted the balance in favor of conservatives.
“If this court’s decision is not issued promptly,” Stern wrote, “the Supreme Court would not be able to review the decision in the ordinary course until next Term at the earliest.”
“Given the importance to the government of the enforcement of the immigration laws and the issues presented in the case, we respectfully request to resolve the government’s appeal by October 31, 2018,” he concluded.
NEW: In DACA case pending in the 9th Circuit, the Trump administration has filed a letter asking the court to rule by the end of the month. If it doesn't, the administration says it will go straight to the Supreme Court pic.twitter.com/d6EEONOXl4
— Lawrence Hurley (@lawrencehurley) October 17, 2018
Why would the Supreme Court take DACA issue before the 9th, 2nd, 4th and 5th Circuits have a chance to weigh in? I don't get what the administration's argument would be for shutting down appellate consideration when there's no national emergency https://t.co/O0MutLgOCD
— Alison Frankel (@AlisonFrankel) October 17, 2018
Read the full DOJ letter below.