The Justice Department filed two requests at the Supreme Court late Friday, asking the justices to stop a lower court ruling that ordered the federal government to compile and turn over documents regarding the decision to rescind Deferred Action for Childhood Arrivals (DACA) in a lawsuit challenging that decision.
The Trump administration is pushing back against lower court orders that it says would force the Trump administration to turn over “deliberative and other privileged materials, including White House documents covered by executive privilege.”
The lawsuits opposing Trump’s action were filed by the University of California; the states of California, Maine, Maryland, and Minnesota; the city of San Jose, California; the county of Santa Clara, California; a union; and several individuals.
Justice Anthony Kennedy requested a response to the Justice Department’s filings by 4 p.m. Wednesday, Dec. 6.
The latest Trump administration fight at the Supreme Court comes out of Acting Homeland Security Department Sec. Elaine Duke’s September decision to end DACA on March 5, 2018.
Several lawsuits were filed challenging the action, and they are being heard by US District Judge William Alsup. In October, Alsup issued an order agreeing with the challengers that the administrative record compiled by the Justice Department as required under the Administrative Procedure Act was incomplete. That order required the federal government to prepare additional documentation to complete the record.
The Justice Department asked the US Court of Appeals for the Ninth Circuit to block Alsup’s order. Although the 9th Circuit issued a temporary stay while it considered the request, it ultimately denied the Justice Department’s request in a 2-1 decision on Nov. 16 — over one judge’s dissenting opinion.
On Nov. 20, the district court granted the federal government additional time — until noon, Dec. 22 — to compile and file the expanded administrative record required under the earlier order.