
Three years ago, Chief Justice John Roberts wrote a majority opinion blocking the Trump administration from unilaterally rescinding the Deferred Action for Childhood Arrivals, or DACA, program. The manner in which the Trump administration took that particular executive action, Roberts held in Department of Homeland Security v. Regents of the University of California, "was arbitrary and capricious" and exceeded the executive branch's lawful authority.
The U.S. Supreme Court heard oral arguments yesterday in another far-reaching case about executive power. And unfortunately for the current presidential administration, the chief justice apparently sees a close resemblance between yesterday's case and his 2020 ruling against former President Donald Trump.