Tom’s Pretending to Care About the Rule of Law, Again

Cheif Justice John Roberts

Tom McClintock likes to pretend that he cares about the rule of law. This week he tweeted his criticism of the Supreme Court’s decision concluding that the President did not follow the law in his attempt to rescind DACA, calling it a “body blow to the Constitution.” But once again, McClintock is twisting the law to suit his politics.

As this article explains, the Supreme Court’s decision is well-grounded in the law, and “[c]onservatives blaming the Supreme Court for the decision should blame Trump’s heedlessness instead.“ Put simply, the Obama administration followed the rules when they enacted DACA and it is an enforceable law in this country. DACA now impacts lives in broad and diverse ways, giving DACA recipients and those around them rights that the courts of this country consistently have protected. Those rights cannot be withdrawn arbitrarily or capriciously.

But that’s exactly what the Trump administration tried to do. They purported to act by fiat, without the reasoning or explanation that the APA requires. They did not do the bare minimum to rescind a properly-enact regulation – “defend its actions based on the reasons it gave when it acted.” As the Supreme Court’s Opinion explains, the administration may have the authority to end DACA, but it must follow the law, particularly here, where so many people stand to be harmed by the decision. The administration must abide by the mandate of the APA and explain its reasoning. That simple rule allows for the accountability that is a cornerstone of our democracy. The Trump administration didn’t have to do much, but it had to do that. It didn’t.

Every court to consider this issue has rejected the administration’s attempt to end DACA in the way that it did. This is not a close call, despite the 5/4 decision from an overly-partisan Court. McClintock, though, ignores all of these well-reasoned decisions because the result doesn’t suit his political goals. Once again, he’s shown us that he doesn’t actually care about the rule of law in this country. He cares about his party, and himself.

California’s 4th District deserves better. We deserve a representative who sees our challenges with clear eyes and takes meaningful action to fix them. We deserve a representative who truly cares about what happens in this District. We deserve a representative who will fight for us.

Join us, as we fight to send Tom McClintock back to his own District, and to finally stop him from selling us out, one vote at a time. To learn more about the alternative, visit

Because we know, as Margaret Mead said, that “a small group of thoughtful, committed people can change the world. Indeed, it’s the only thing that ever has.”

Help Sierra Forward get rid of Tom McClintock. Please donate today to keep articles like this one coming to you.