Photo: Leigh Vogel/WireImage

The Justice Department urged the Supreme Court on Monday to take up a legal battle over the Trump administration's attempt to end the Deferred Action for Childhood Arrivals (DACA) program, despite lower courts having yet to rule on the legality of the effort.

The big picture: The administration has been trying to bypass lower-court rulings on some of President Trump’s signature policy proposals with the hope that the now conservative Supreme Court majority will help push his measures through. 

Yes, but: The Supreme Court appears to have noticed this trend.

  • On Friday, it declined a request to block a landmark youth climate lawsuit.
  • And in February, the high court rejected a petition to consider a DACA case in California before a federal court could weigh in.

The details: The DOJ argues that by the time the lower courts rule on the issue it might be too late to get the case on the Supreme Court's 2018-2019 docket. If so, that means the administration would have to keep the Obama-era program for at least another year.

  • Meanwhile, cases in California, New York, and Washington, D.C. are challenging the legality of Trump’s attempt to undo DACA, which protects unauthorized immigrants who came to the U.S. as children from deportation.

What they're saying: New York Attorney General Barbara Underwood was quick to call out the Justice Department, tweeting that the practice is "a remarkable lack of respect for the judicial process."

  • Attorney General Jeff Sessions said in a statement that his agency "should not have been forced to make this filing today — the Ninth Circuit should have acted expeditiously, just as the Supreme Court expected them to do — but we will not hesitate to defend the Constitutional system of checks and balances vigorously and resolutely.”

Go deeper

Updated 1 hour ago - Politics & Policy

Coronavirus dashboard

Illustration: Sarah Grillo/Axios

  1. Global: Total confirmed cases as of 10 p.m. ET: 32,471,119 — Total deaths: 987,593 — Total recoveries: 22,374,557Map.
  2. U.S.: Total confirmed cases as of 10 p.m. ET: 7,032,524 — Total deaths: 203,657 — Total recoveries: 2,727,335 — Total tests: 99,483,712Map.
  3. States: "We’re not closing anything going forward": Florida fully lifts COVID restaurant restrictions — Virginia Gov. Ralph Northam tests positive for coronavirus.
  4. Health: Young people accounted for 20% of cases this summer.
  5. Business: Coronavirus has made airports happier places The expiration of Pandemic Unemployment Assistance looms.
  6. Education: Where bringing students back to school is most risky.
Mike Allen, author of AM
4 hours ago - Politics & Policy

Biden pushes unity message in new TV wave

A fresh Joe Biden ad, "New Start," signals an effort by his campaign to make unity a central theme, underscoring a new passage in his stump speech that says he won't be a president just for Democrats but for all Americans.

What he's saying: The ad — which began Friday night, and is a follow-up to "Fresh Start" — draws from a Biden speech earlier in the week in Manitowoc, Wisconsin:

Trump prepares to announce Amy Coney Barrett as Supreme Court replacement

Judge Amy Coney Barrett. Photo: Matt Cashore/Notre Dame University via Reuters

President Trump is preparing to nominate federal appeals court Judge Amy Coney Barrett of Indiana, a favorite of both the social conservative base and Republican elected officials, to succeed Justice Ruth Bader Ginsburg, Republican sources tell Axios.

Why it matters: Barrett would push the already conservative court further and harder to the right, for decades to come, on the most important issues in American politics — from abortion to the limits of presidential power. If confirmed, she would give conservatives a 6-3 majority on the high court.