Wednesday, September 6, 2017

WATCH: Ex-Virginia attorney general Cucinelli schooled on constitutionality of DACA by CNN panel

In a panel discussion analyzing President Donald Trump’s decision to “rescind” the Obama-era Deferred Action for Childhood Arrivals order, former Virginia Attorney General Ken Cuccinelli (R) got a legal lesson on the use of the term “unconstitutional.” “President Trump didn’t create a problem today,” Cucinelli told the panel headed by CNN’s Brooke Baldwin. “Barack Obama, when he was president, created a problem when he violated — knowingly violated the constitution with this program, but because it’s young people, it tugs at our heart strings and I understand that.”

“Andre actually is absolutely correct in that the unconstitutional definition that’s being used by Ken is actually inaccurate with respect to this case,” Coates said. “At the time the Supreme Court weighed in as to whether or not there should have been notice and comment proceedings, you had Justice Scalia who had just passed away and you had a 4-4 split which meant that there is no precedent on this issue. It has not been declared unconstitutional.” “It is not only premature, it is inaccurate to say that the DACA program is unconstitutional,” she concluded.

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