Trump eyes Supreme Court ruling on DACA as license to skirt the law - Axios

President Trump and top White House officials are privately considering a controversial strategy to act without legal authority to enact new federal policies — starting with immigration, administration officials tell Axios.

Between the lines: The White House thinking is being heavily influenced by John Yoo, the lawyer who wrote the Bush administration's justification for waterboarding after 9/11.

Yoo detailed the theory in a National Review article, spotted atop Trump’s desk in the Oval Office, which argues that the Supreme Court's 5-4 DACA ruling last month "makes it easy for presidents to violate the law."

Yoo writes that the ruling, and actions by President Obama, pave the way for Trump to implement policies that Congress won't.

What's next: The first test could come imminently. Trump has said he is about to unveil a "very major" immigration policy via executive order, which he says the Supreme Court gave him the power to do.

Driving the news: Yoo told Axios that Chief Justice John Roberts' opinion "sets out a roadmap about how a president can use his prosecutorial discretion to under-enforce the law."

Reality check: This is a somewhat strained reading of both procedural history and the law, according to Axios’ Sam Baker. The Supreme Court has never ruled either way on DACA’s legality.

What we're watching: Trump told Chris Wallace in an interview for "Fox News Sunday" that in addition to replacing DACA with "something much better," he's also going to be unveiling a health care plan within two weeks "that the Supreme Court decision on DACA gave me the right to do."

https://www.axios.com/trump-executive-orders-supreme-court-daca-3d369f16-d9db-4e39-b8a0-946e670797b2.html