Posted on 03/11/2016 8:37:16 AM PST by Elderberry
The first oral arguments in U.S. versus Texas (Case No. 15-674), the controversial case surrounding the executive action on immigration, will be presented before the Supreme Court of the U.S. (SCOTUS) on Monday, April 18th, according to the high court.
During the hearing, SCOTUS will reportedly hear arguments regarding whether:
President Barack Obama overstepped his authority in issuing the executive action in November 2014. Individual states, like Texas, have the standing to challenge the executive action (in light of the subsidies these states would be required to provide if the executive action goes into effect).
While the President is backed by the U.S. Department of justice in trying to roll out the executive action – and, in doing so, provide deportation relief to nearly 5 million law-abiding, undocumented immigrants in the U.S., Texas (backed by at least 25 other states) has fought this action. The opposition contends that the President did not have the authority to sidestep Congress and grant the deportation relief in question. U.S. versus Texas: Brief Background
The controversial immigration case that is now before the Supreme Court was triggered by an injunction issued in February 2015, just days before the executive action was to take effect. At that time, Texas Judge Andrew Hanen issued an order to block the action, specifically pointing out in his injunction that the President did not have the authority to take such action.
While the 5th Circuit Court of Appeals upheld the injunction in the fall of 2015, the Justice Department and Obama Administration have taken the case to the high court, which only recently agreed to accept the case and issue a ruling. How Scalia’s Absence Could Impact the Outcome
Possibly adding another facet to this already controversial and complicated case is the fact that, when oral arguments are presented in a matter of weeks, the high court will have one less justice hearing and deciding on the facts.
Although it’s impossible to say how Justice Antonin Scalia would have ruled on this issue, what is clear is that, if the case ends in a 4-4 split, the decision of the lower court (i.e., the 5th Circuit Court of Appeals in this case) would be upheld, permanently blocking the action.
And Justice Scalia is now dead and gone, how convenient.
In other words....in a 4-4 decision....Obama loses!
Trump said last night that if Hillary is elected she could put as many as 5 justices on the SC and it would take hundreds of years to rebuild this country IF it could ever be done. We need someone who is really going to do everything he can to not be run over by the dem/repub machine.
Here comes the gang of 8 SCOTUS style. BOHICA.
Man, that is an encouraging thought!
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