Podcast Summary: The New Yorker Radio Hour

Episode: The Supreme Court Weighs the End of DACA

Date: November 8, 2019
Host: David Remnick
Guests: Dana Goodyear, Jonathan Blitzer, Luis Cortez, Ted Olson

Overview

This episode centers on the looming Supreme Court decision regarding the fate of DACA (Deferred Action for Childhood Arrivals), a program protecting undocumented immigrants who came to the U.S. as children. The discussion features reporting perspectives on recent California wildfires and a deep, personal look at DACA through conversations with immigration lawyer and DACA recipient Luis Cortez and conservative legal legend Ted Olson, both of whom are directly involved in the Supreme Court litigation against the Trump administration's attempted termination of the program.

California Wildfires: A New Abnormal

Guest: Dana Goodyear (New Yorker staff writer)
Segment: [00:11] – [05:39]

Key Points

• Personal Impact:
  Dana Goodyear describes her family's evacuation during the California wildfires, highlighting how aggressive evacuations reflect increased risks (“…the wind was blowing very, very powerfully…put a whole bunch of neighborhoods in the potential path of the fire.” [00:53])
• Shifting Normalcy:
  The regularity and intensity of wildfires are changing perceptions of California’s habitability, and the so-called "California dream."
  • Notable Quote:
    “What’s abnormal is to have so much residential development up into the mountain areas... housing has pushed into those territories where fires used to burn freely and not bother anybody. But there's also obviously the huge factor of the warming climate.” (Dana Goodyear, [01:38])
• Climate Innovation:
  Goodyear points to California as not only the site of problems but also potential solutions—new soil science, landscaping practices, and water conservation measures are examples of local innovation in response to climate challenges.
  • Notable Quote:
    “If these climate problems were not coming home to roost in California, some of the potential for the solution wouldn’t be here... There's an urgent need for solutions to how we're going to live in the future.” (Dana Goodyear, [04:32])

DACA: Policy, Plaintiffs, and The Supreme Court

Host: David Remnick
Reporter: Jonathan Blitzer
Guests: Luis Cortez, Ted Olson
Segment: [05:43] – [21:31]

Background: DACA and Its Political Uncertainty

• The DREAM Act (a path to citizenship for undocumented immigrants brought to the U.S. as children) stalled in Congress for a decade.
• In 2012, President Obama implemented DACA as an executive order after legislative paths failed.
• The Trump administration rescinded DACA in 2017, impacting over 700,000 recipients and sparking immediate legal challenges.

Personal Story: Luis Cortez

Profile Interview by Jonathan Blitzer
Segment: [06:49] – [13:42]

• Cortez’s Early Life:
  Came from Mexico to the U.S. as an infant; didn’t realize his undocumented status until adolescence.
  • Memorable Moment:
    “I sold a ton of chocolate… I had raised enough money to go [on a school trip], and that’s when my parents let me know, like, ‘you can’t go because you weren’t born here.’” (Luis Cortez, [07:59])
• DACA’s Introduction and Impact:
  DACA’s announcement in 2012 provided both relief and anxiety for Cortez during law school, eventually allowing him to practice immigration law.
  • Memorable Quote:
    “It almost seemed too good to be true. It seemed like it fell from the sky.” (Luis Cortez, [09:34])
• DACA’s Rescission:
  Cortez recalls the chaos after the Trump administration announced DACA’s end.
  • Notable Quote:
    “This is the fear realized by hundreds of thousands of DACA recipients when they first applied. What happens if they do away with this program and then start… now they have all of our information.” (Luis Cortez, [11:54])

The Legal Fight: The Supreme Court Case

Central Issue

Ted Olson's Perspective:

• The lawsuit argues that the Trump administration ended DACA “arbitrarily and capriciously,” violating the Administrative Procedures Act.
• The government didn’t provide adequate reasoning for the sudden change, affecting hundreds of thousands and their communities.
  • Notable Quote:
    “...the impact on those individuals requires the government to announce reasons for its decision... And this administration... gave no reasons for the decision and no explanation for it.” (Ted Olson, [15:10])
• Draws parallels to the administration’s failed census citizenship question, blocked for similar procedural issues.

Strategy and Broader Stakes

• Olson emphasizes appealing to all justices, presenting the case as a rule-of-law question rather than a partisan dispute.
  • Notable Quote:
    “This is a rule of law case involving hundreds of thousands of individuals... This puts the human face on. This is very, very real to all of these individuals...” (Ted Olson, [18:34])

Personal Stakes for Cortez

• Cortez will be at the plaintiff’s table before the Supreme Court—his own life and status on the line.
  • Memorable Quote:
    “...the nine people who are gonna be hearing the case… they’re gonna have a tremendous impact on my life, and they’re the ones who get to decide whether my clients are deported and me with them.” (Luis Cortez, [20:32])

Hope in the U.S. Justice System

Final Reflections from Cortez:

• Emphasizes faith in the fairness of U.S. courts, despite imperfections.
  • Notable Quote:
    “What makes, I think, the U.S. significantly different from any other country, it's its court system and its ability to do the right thing, the just thing, when there’s injustice done…” (Luis Cortez, [20:56])

Notable Quotes & Timestamps

• “What’s abnormal is to have so much residential development up into the mountain areas… there’s also obviously the huge factor of the warming climate.”
  — Dana Goodyear ([01:38])

• “This is the fear realized by hundreds of thousands of DACA recipients when they first applied. What happens if they do away with this program and then start… now they have all of our information.”
  — Luis Cortez ([11:54])

• “This is a rule of law case involving hundreds of thousands of individuals… This puts the human face on. This is very, very real to all of these individuals…”
  — Ted Olson ([18:34])

Key Segment Timestamps

• California wildfires & new normal: [00:11] – [05:39]
• DACA policy history & stakes: [05:43] – [06:49]
• Luis Cortez’s personal journey: [06:49] – [13:42]
• Supreme Court legal argument (with Ted Olson): [13:42] – [19:32]
• Cortez on personal stakes & faith in courts: [19:32] – [21:31]

Tone & Takeaways

The episode balances rigorous legal analysis with human stories, capturing both the political high stakes and the personal vulnerabilities at the heart of the DACA debate. Listeners hear the technical nuances of the legal challenge alongside the emotional realities facing DACA recipients like Cortez, culminating in a cautious but resilient faith in the American judicial process.