Latest Case: Dicks v. State of Hawai'i Office of Elections (Election Law)

Don’t Blame the SCOTUS DACA Ruling for Difficulties Undoing Trump’s Damage

MICHAEL C. DORF

Cornell law professor Michael C. Dorf responds to claims that the U.S. Supreme Court’s decision last term invalidating the Trump administration’s effort to rescind the Deferred Action for Childhood Arrivals (DACA) program license President Trump to take actions that will be difficult for a future Democratic administration to undo. Dorf argues that characterizing the ruling as a win for Trump and his executive power is far-fetched, and we should instead be concerned with the long-lasting damage to the environment and our nation’s foreign policy caused by the Trump administration.

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Dicks v. State of Hawai'i Office of Elections

Docket: SCEC-20-0000505

Opinion Date: August 18, 2020

Judge: Per Curiam

Areas of Law: Election Law

In this original proceeding, the Supreme Court entered judgment dismissing this complaint asking the Court to nullify the results of the August 8, 2020 primary election for the City and County of Honolulu mayoral seat and allow all candidates who choose to continue to the November general election to have their names appear on the ballot, holding that the complaint failed to state claims upon which relief can be granted. Plaintiff was one of fifteen candidates for the City and County of Honolulu mayoral seat in the primary election. Rick Blangiardi and Keith Amemiya received the highest number of votes. Plaintiff brought this action alleging that their were multiple irregularities with the primary election. The Supreme Court dismissed the complaint, holding (1) the city clerk for the City and County of Honolulu was a necessary and indispensable party who should have been named as a defendant; and (2) in any case, the complaint failed to state claims upon which relief can be granted.