President Obama’s last-ditch effort

illegalsPresident Obama’s last-ditch effort to offer more than 4 million undocumented immigrants protection from deportation reaches a short-handed Supreme Court on Monday, but the eight justices may not have the final word.

A tie vote would hand a victory to Texas and 25 other states that have successfully blocked the program in lower courts, but it could unleash new challenges. States and cities who favor the program could try to fight the nationwide injunction imposed by a lone judge on the Mexican border and upheld by the nation’s most conservative federal appeals court.

“Basically, you’d have a judicial mess,” says David Leopold, an immigration attorney and former president of the American Immigration Lawyers Association. “You’d have absolute chaos in the courts.”

A ruling for Obama that allows millions of undocumented immigrants to apply for “deferred action” status and work permits could be short-lived if Donald Trump or Ted Cruz wins the White House and ends the program next year. And it could fuel future federal-state battles over executive actions.

“We’re going to see an executive who doesn’t really need to go to Congress in order to get changes in the law,” warns Michael McConnell, a former federal judge who heads the Constitutional Law Center at Stanford Law School.

The showdown over Obama’s immigration plan at the end of his second term is in manyseal of doj ways a mirror image of the battle over his health care law at the end of his first term. In that case, Chief Justice John Roberts handed the president a major victory by a bare 5-4 majority in the midst of his re-election campaign.

This time, the court is depleted following the Feb. 13 death of Justice Antonin Scalia and twice has deadlocked 4-4 in cases that affirmed lower-court rulings without setting a national precedent. A tie vote on immigration would uphold Texas’ victory at the appeals court, but the justices may seek to avoid that outcome.

President Obama’s last-ditch effort to offer more than 4 million undocumented immigrants protection from deportation reaches a short-handed Supreme Court on Monday, but the eight justices may not have the final word.

A tie vote would hand a victory to Texas and 25 other states that have successfully blocked the program in lower courts, but it could unleash new challenges. States and cities who favor the program could try to fight the nationwide injunction imposed by a lone judge on the Mexican border and upheld by the nation’s most conservative federal appeals court.

“Basically, you’d have a judicial mess,” says David Leopold, an immigration attorney and former president of the American Immigration Lawyers Association. “You’d have absolute chaos in the courts.”

A ruling for Obama that allows millions of undocumented immigrants to apply for “deferred action” status and work permits could be short-lived if Donald Trump or Ted Cruz wins the White House and ends the program next year. And it could fuel future federal-state battles over executive actions.

IMMIGRATION PROTESTS“We’re going to see an executive who doesn’t really need to go to Congress in order to get changes in the law,” warns Michael McConnell, a former federal judge who heads the Constitutional Law Center at Stanford Law School.

The showdown over Obama’s immigration plan at the end of his second term is in many ways a mirror image of the battle over his health care law at the end of his first term. In that case, Chief Justice John Roberts handed the president a major victory by a bare 5-4 majority in the midst of his re-election campaign.

This time, the court is depleted following the Feb. 13 death of Justice Antonin Scalia and twice has deadlocked 4-4 in cases that affirmed lower-court rulings without setting a national precedent. A tie vote on immigration would uphold Texas’ victory at the appeals court, but the justices may seek to avoid that outcome.

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About Jon-Paul

Academia, Constitution, Musicianship, all around Caucasian male, straight, and professes Jesus Christ as the Lord of my life. Guitars -- Classical, Acoustic, A/E, Strat, a real bassist at heart, Les Paul Standard bass.
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