Wiggin and Dana Partner Quoted in Bloomberg Law Daily Labor Report

February 6, 2018

Wiggin and Dana partner, Aaron Bayer, was quoted in the recent article, "Trump Bid to Leapfrog 9th Cir. In DACA Case an Uphill Climb," published in Bloomberg Law Daily Labor Report.

The article discusses the Trump administration's request for the Supreme Court to intervene in the dispute surrounding DACA before the U.S. Court of Appeals for the Ninth Circuit weighs in.

As Mr. Bayer has told Bloomberg Law, such requests to leapfrog lower courts, known as petitions for cert before judgment – are rarely granted. Moreover, this "case doesn't fit neatly into the categories of cases in which cert before judgment has historically been granted," says Bayer.

Since the current district court decision keeps the status quo for the DACA program, there effectively isn't an emergency surrounding this dispute. Bayer agrees, "I'm not sure the government's desire…to end DACA quickly rather than allowing the normal appellate process to play out will be seen as compelling."

Nevertheless, Bayer notes the Supreme Court has already shown an interest in getting involved: Earlier in the case, the Court intervened in a discovery dispute. "Given that the Supreme Court was willing to intervene…, perhaps it will be willing to take up the preliminary injunction ruling before judgment as well," he said.

To read the full article, please click the PDF link below.