The Supreme Court on Monday delivered a blow to the Trump administration by refusing to hear the government’s challenge to a lower court ruling that has temporarily blocked the administration from winding down the Obama-era Deferred Action for Childhood Arrivals (DACA) program.
The Department of Justice’s request was rare in that it asked the Supreme Court to jump ahead of the 9th Circuit Court of Appeals in reviewing the case.
The court typically will only bypass an appellate court when there’s an emergency involving foreign affairs, a serious separation of powers concerns or when it has already agreed to hear another case dealing with the same question.
The court said the government’s request for the court to hear its case is denied without prejudice.
“It is assumed that the court of appeals will proceed expeditiously to decide this case,” the court said.
The court could still agree to hear the case after it’s heard by the lower appeals court.
The justices provided no further explanation for their decision. It takes four justices to agree to hear a case.
This developing report will be updated.