It's even worse than that.
You can apparently CREATE laws (and new entitlements) through an EO, but you can't undo/reverse those laws without a formal process.
AND, your formal process must also consider all the potential ramifications and impacts to people… while the original EO didn't have any such requirements.
No.
Because the court said it has to go through the APA process and consider all the potential negative impacts to people that DACA covers.
Apparently, once an entitlement is given (via EO) then it can't be immediately taken away?
They punted on addressing that.
They basically said Trump has the right to rescind, but he has to go through a process.
Although Sotomeyer said he didn't have the right to rescind because his motivations are racist.
NOW the 9th Circuit wants to follow the strict words of law text.