Chief Justice John Roberts siding here with the four liberals on the bench to preserve for now an obama era legacy. The president can try again to deport Daca Recipients if he wants but the loss at the high court means he wont be able to keep his 2016 promise to do so before Voters Decide this november whether he deserves a second term. Lets get straight to cnns Jessica Schneider outside the high court for this important decision. Jessica, what did the justices do and what did they not do . Reporter john, for the second time this week the chief Justice John Roberts siding with the liberals ruling with the Trump Administration in this case writing the opinion that blocks the Trump Administration from rolling back daca. Its that program that president obama enacted in 2012 that protected about 700,000 Daca Recipients from deportation. These are children who were brought here when they were children, when they were young and now who continue to live here, work here. They applied for the daca renewals every two years. Now they will be protected because of the decision authored by the chief Justice John Roberts. Now, john roberts is not saying that the trump straying is powerless to roll back daca, but it instead the Trump Administration has just rolled it back the wrong way so theres still the possibility that the Trump Administration could end this program but not now, and, of course, were just a few months from the election. John roberts saying in this opinion that we do not decide whether daca or its recision or sound policies, the wisdom of those decisions is none of our concern. We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation. He then went on to talk about the hardships that Daca Recipients would face if this program was rolled back which it will not be. Now, the conservative justice, Justice Thomas, he issued a really scathing dissent here saying todays decision must be recognized for what, it an effort to avoid a politically controversial but legally correct decision. The court should have made clear that the solution respondents seek must come from the legislative branch, so Justice Thomas saying that it is congress who should be worried about the Daca Recipients here, and just in the last few minutes the president responding in part to this decision. He retweeted the daily caller report that talked about Justice Thomas dissent here. We havent gotten any direct comment or reaction from the president or the white house, but for now the 700,000 plus dreamers in this country are rejoicing. Some of them have gathered in front of the Supreme Court steps here. It is a far cry from the hundreds who gathered outside to see the arguments when they played out before the Supreme Court in november. John, i talked to some of those Daca Recipients back in the fall. They said that despite the fact that they were born in another country and brought here as children, they feel just as much american as you and i. One woman i spoke with came here at the age of 14 from ecuador and lives in long island, has two young children. She works and pays taxes and she was pleading with the justices to really deal with this in a humane way which it seems has exactly been done by chief Justice John Roberts telling the Trump Administration you do have authority to roll this program back but you didnt do it in the right way. Therefore, daca remains in place, and the socalled dreamers remain protected. John . In place and protected as we go now towards the election. Jessica schneider outside the Supreme Court, thanks for keeping your cool amid the celebration. Appreciate that. This decision 54. The chief Justice John Roberts siding with the four liberals on the bench. Lets get perspective now from our sunshine legal analyst. Joan, the chief justice is your wheelhouse. You are a biographer and the like. Its a very interesting decision here, and you get the sense from it in the clarence dissent, Clarence Thomas essentially saying, you know, deal with the politics. The chief justice saying the administration gave me a reason not to because they didnt follow the rules. Yeah. There are a couple of messages here from the chief justice and one is do it right. Do it right. Were not against you. We would be with you if you would just follow the procedures here and do it correctly. The other thing that you have, john, is sort of a message of when the chief justice is going to flip over to join with the liberals, and in this case it was another one of those politically charged disputes involving tensions between two administrations, the Obama Administration and the Trump Administration, and its in his interest to defuse those tensions and thats where we see him edging over, and we also see him edging over to say were not going to take you out of your lane. Were going to actually keep you in your lane as the administration to do this directly or have congress do it, and in response to someone like justice Clarence Thomas who says that the chief is essentially legislating here. He says, no, were putting check on other branches but were leaving the real policy to those other branches themselves. And joan, somebody who has watching all week, saying there are there have been two Big Decisions going against want president want. On both of them the chief justice has voted with the liberals. On one of them, neil gorsuch, the president s appointee, wrote the decision saying you can not fire someone because they are gay or transgender in america. Two very different cases. In terms of the discrimination ruling, thats a big landmark Supreme Court decision. This is more you didnt follow the rules. If you want to, try again, right . And thats the way people should understand these. First of all, i think we have a pattern for sure of the Trump Administration being smacked town when it pushes too far. Thats a consistent theme in these cases and it will be Going Forward but who forms the coalition for the majority . That will evolve. It will depend on the particular case. We had, as you mention had had, a very important civil rights case on monday that played to a texturalist reading that trump appointee neil gorsuch was going to take. That was very distinct to neil gorsuch and the way he wrote that opinion. Now, granted the chief justice signed on, but i think the chief justice realized once there was a majority for this very important decision having to do with a statutory interpretation that he would be with it. He was not with the Supreme Court when it voted in 2015 to support a fundamental right to gay marriage, so the chief is going to come on when it appear a narrower ruling, something thats within the the limits of a statute as we have here, the requirements that the Trump Administration faced to actually do the daca recision properly. We had that. And i think Going Forward, john, in the next crucial weeks as the Supreme Court finishes whats been just a a very unparalleled term, unprecedented to time in american history, will probably see other surprises, but well have to take them one at a time and dissect them just as youre doing one at a time because the pattern, again, even though it involves smacking down the Trump Administration from going too far, does not involve a lot of consistency, neil gorsuch and brett cavanagh, the trump appointees, they dissented here. I suspect you may be back tomorrow or day after as we get another one of these Big Decisions. With me now to share their reporting and their insights is Maggie Haberman of the New York Times and dan ball of the washington post. Thank you for taking time on this northern day. Maggie, well start with you. We dont know what the president will do. We do know a little bit about what he thinks retreating talking about the Clarence Thomas disseptember, an effort to avoid a politically correct decision. We know what the president wanted here. The question is now what will he do . Will he ask the dhs, go back and follow the road map the Supreme Court laid out or will he back off knowing theres an election just down the road . We dont know what hell do. We dont really know what he wanted out of this decision, right. What we know is at the time that Jeff Sessions was announcing they were going to rescind the president was saying to some of his own advisers how do i get out of this . The president was all over the map on this decision and what you saw him retweet there in terms of retweeting a paragraph about the dissent saying this was a politically motivated decision, liberal activists, liberal judges and so forth and i think hell use that to punt until we get past the election because if not you are looking at a circumstance where the president could be deporting a lot of people who were brought to this country, not of their own volition four and a half months before an election and up until that point and i dont think that something that the president or most of his advisers want to be dealing with at all right now. To that point, dan, had he won that case and had the authority to start the deportations, his base would have demanded he do so, so in an odd way is this legal defeat, i dont know if political victory is the right word, but a political pass through the election . Its political breathing space, i suppose, but on the other hand its a rejection of something he had tried to do. I think maggie is right. Hes always been uncomfortable with aspects of this, and weve seen him try to make a deal on daca to get his border wall funded and things like that. Hes always held that out as a possibility of making a deal, but i im just struck by the fact, that you know, it was eight years ago about this time that president obama made this decision to protect the daca kids and flummoxed then president ial nominee mitt romney. Now youve got the Supreme Court flummoxing the incumbent president over the same issue. Its a politically difficult issue for him four and a half months before the election, and my guess, as maggie says, hell likely try to punt. And yet, im going to read you a treat that the president has been on air which is unfair because you havent had a chance to read this. This is interesting. These horribly and politically charged decisions coming out of the Supreme Court are shotgun blasts into the face of people that are proud to call themselves republicans or conservatives. We need more justices it or we will lose our Second Amendment and everything else. Vote trump 2020. So here you have, again, the president by the end of the hour, if not by the end. Day or the end of the week or the end of the month could change again because he often does but this is his reflex, trying to turn this into lets make it about judges and the conservative base. Lets make it about something i know works for me at a time, of course, we know whether were looking at racial unrest in the country, looking at the coronavirus response, the president s numbers are politely in the tank. Maggie, what do you read into that, that hes trying to make it about judges . Doesnt even mention immigration in the tweet. Clearly what its about. John, i think your read is exactly right. Weve seen the president suffering some softening in his support, particularly among evangelicals and amongst some conservatives, not just in the last couple of weeks of racial unrest but even before that when he was doing the coronavirus briefings that were basically as many of his advisers have acknowledged privately an act of selfsabotage, so i think that this is him taking another opportunity as he has many times to try to remind people who are conservatives that this is why you like me. This is why you took a chance on me in 2016. I gave you judges. This is this deal that we have made together and this is what you keep with me Going Forward. I expect youll hear him focusing on that a lot and a lot more than on the immigration aspect of this. And yet, dan, hes the incumbent president so we have to always remember that the election is about him. Do people like this and like it enough to give him four more years . I want to go back in time. Remember how important immigration was in 2016. He was going to build a wall and mexico is paying for it. They are making progress, mexico is not paying for it but the american taxpayer is but lets listen to the president on this particular issue is daca. When when the president is terrific, we want them back here. Will they have to leave . It sounds cold and sounds hard. We have a country. Our country is going to hell. We have to have a system where people are legally in the country. Were always talking about dreamers for other people. I want the children that are growing up in this the United States to be dreamers also. They are not dreaming right now. Now he has to decide whether to take a different position or stick with his history on this issue, dan. Well, he does. I mean, the problem for him on this issue is that there is probably no more popular Immigration Program than daca. I mean, theres overwhelming support among the American People to allow daca kids to stay in the United States and most of them arent kids anymore. They are young adults who are leading productive lives, going to college, working, et cetera, who are fully assimilated into the fabric of of this country. Thats what he is pushing against if he tries to say they should we should have a system in which they would not be allowed to stay here. Just moments ago, the question im going to ask on other side of this is do we know how much this matters in the sense that, you know, theres a new bolton book well talk about momentarily. Were in the middle of a coronavirus pandemic and a racial reckoning in the United States and now we get this Supreme Court decision that, again, puts the immigration question and essentially the humanity, how do you treat 700,000 to 800,000 people who came into to country through no power of their own, most of them children, most having never lived anywhere else. They consider themselves americans. Heres the speaker of the house nancy pelosi and her read on the Supreme Court. A large number of republicans, independents, over 60 of people who support trump support the dreeramers, so this is we were in such threat about what could possibly happen at the court up until last night if it goes this way or if it goes that way. But this way is the american way. This way is the american way, and yet, please, boast you laugh at me. Well start with you. Maggie, in the sense that the president could if he wanted to send a unifying signal at this moment of divide saying lets get this over with. Lets pass legislation allowing them to stay. If youve not committed a crime, eligible for daca which means youve not committed a crime, you were bought here by your parents when you were too young, you have a job, might be serving in the United States military, you can stay. The expectation that he can do that is what, zero . Nothing is always zero with him because all of these transactions are open. Thats not the posture the people in his administration have been taking, especially his soninlaw who has been tasked with trying to come up with a broader immigration deal. Democrats will have to come to the table now if we lose on daca and thats really on them. Thats not how democrats see it, so i understand that thats how they are going to try to telegraph this or at least potentially telegraph this. I dont think that thats how this is going to go. I also dont think that this president who we noted earlier has seen a softening among his conservative base, i dont think hes in a rush to say lets do a deal. He needs all of his voters to turn out. Thats the key point. You mentioned evangelicals and seen other question marks with his base. When that happens, one thing hes consistent on, is his reflection and coming up stunning new claims from President Trumps former National Security adviser john bolton. 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