The Supreme Court has decided that President Obama's executive order that implemented DACA despite the Congress refusing to legislate an actual law cannot be invalided by a countering executive order by President Trump. That presents some serious problems. The purely executive action of one president has been enforced against a later president. Ergo, DACA is being treated as law. President Obama has successfully legislated his policy preference without the participation of the legislative branch! If Biden is elected, will the Supreme Court uphold Trump's executive orders when Biden seeks to revoke them? If yes, then presidents are legislators. If no, the Supreme Court is picking sides rather than ruling on law. Both of those options are disastrous for the Rule of Law.
This was not the only troubling ruling from the court. Much as the authors of the 14th Amendment would be amazed that they had codified birthright citizenship for the children of illegal aliens, the authors of the 1964 Civil Rights law would be dumbfounded to learn they had provided legal protections for homosexuals and transgenders. If the legislature can't get these policies implemented then it is up to the court to bypass the democratic process and just make it happen. That's how we got gay marriage and now this. Why do we have Congress?
In a democratic society, big issues must be decided through the elective bodies. When courts mandate a solution, that is just a majority vote of 9 unelected judges rather than an extended debate that involves hundreds of legislators who must answer to voters. Look at the abortion debate. Rather than solve the problem, Roe v. Wade has created an irreconcilable division that has roiled the country for nearly 50 years. It is why judicial fights are so brutal now because everyone knows that courts - not legislators - will have the final say. That's not democratic. That is not the rule of law, but the rule of judges.
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