One wonders where this judge went to law school, from Washington Times [1]:
[Judge John D. Bates] said the government needs to prove that it has considered the benefits to society of having immigrants who entered the country illegally here and working, versus the government’s interest in enforcing the laws as written. He said Homeland Security failed to do that in its original revocation last September, and even after he gave it a chance to update its reasoning, it still failed to convince him.
“The court sees no reason to change its earlier determination that DACA’s rescission was arbitrary and capricious,” he ruled.
The judge posits a new theory of law. The nitwit holds that the Executive Department has the power, indeed duty, to simply ignore laws which its does not agree. Why didn’t Bates simply declare Congress superfluous and therefore unconstitutional, because the Executive and Judiciary can on their own enact all the laws the country needs.
I am aware of no legal authority, law, which allowed the Reds to murder Tsar Nicholas II of Russia, and his entire family. That said, I also know of no law allowing the duly elected President of the United State, Donald Trump, from sending federal marshals Bobby Mueller’s thugs to arrest and detain Bates until he both rescinds his unconstitutional order and resigns from office. After all it for the President, and not the judiciary, to exercise Executive Power. Remember it was Judge Bates who said, “I don’t need no stinking laws!”