Judicial Reviewability of Decision to Cancel DACA

"[T]he District Court should have granted [the Government's] motion on November 19 to stay implementation of the challenged October 17 order [requiring the Government to produce documents relating to the cancellation of DACA] and first resolved the Government's threshold arguments (that the Acting Secretary's determination to rescind DACA is unreviewable because it is 'committed to agency discretion,' 5 U.S.C. § 701(a)(2), and that the Immigration and Nationality Act deprives the District Court of jurisdiction)."



—In re United States, 138 S.Ct. 443, 445 (U.S. Supreme Court, Dec. 20, 2017).

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Artis v. D.C.: A Small Case That Vastly Expands Federal Power

The Supplemental Jurisdiction statute, 28 U.S.C. § 1367, enacted in 1990, permits federal district courts to hear state-law claims not ordinarily within federal jurisdiction if those claims are part of the same case or controversy as a claim within the federal court’s jurisdiction. In the event the federal court declines jurisdiction of the state-law claims, subsection (d) of § 1367 tolls the state-law statutes of limitations while the case is pending in federal court and for 30 days thereafter, permitting litigants to refile the dismissed claims in state court. The question in Artis v. District of Columbia (United States Supreme Court, Jan. 22, 2018) was the meaning of the word “tolled” in § 1367(d).

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