2020 · Administrative law
Department of Homeland Security v. Regents of the University of California
Immigration · Executive power
The question
Did the administration follow the Administrative Procedure Act when it rescinded DACA?
The outcome
The Court found the 2017 rescission arbitrary and capricious because the agency failed to consider important aspects of the decision, including reliance interests. It did not hold that DACA could never be ended.
See the votes & context
- Majority (5)
- John G. Roberts, Jr., Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor, Elena Kagan
- Dissent (4)
- Clarence Thomas, Samuel A. Alito, Jr., Neil M. Gorsuch, Brett M. Kavanaugh
The 5–4 division concerns the rescission ruling. Sotomayor did not join Part IV, addressing equal protection; the other opinions concurred and dissented in part.
Only participating justices are assigned votes. Separate writings and partial joins can differ from the overall judgment.