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To: RC one

The immigration question is to be decided by June.


16 posted on 02/14/2016 4:14:38 AM PST by xzins (Have YOU Donated to the Freep-a-Thon? https://secure.freerepublic.com/donate/)
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To: xzins

With 8 Justices the immigration question will likely result in a tie which will allow the lower court ruling to stand. There will be no recess appointment.


25 posted on 02/14/2016 4:38:06 AM PST by arthurus (Het is waar. Tutti i liberali sono feccia.)
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To: xzins
IF you are writing about the Texas case coming up from the Fifth Circuit Court of Appeals, we may safely assume that Ginsberg, Breyer, Sotomayor and Kagan would vote to overturn the Fifth Circuit decision, that Clarence Thomas and Samuel Alito would vote to uphold it and that Chief Justice Roberts and Anthony Kennedy would be necessary to have a tie vote. Roberts and Kennedy are not to be taken for granted. OTOH, a tie vote maintains the status quo which IIRC enjoined Obozo's lawless behavior as to immigration. Another possibility is that, with SCOTUS short one justice, Roberts as Chief Justice can postpone decision-making until a new Associate Justice is approved. Burger did that with Roe vs. Wade and a second argument was scheduled after the appointment of Rehnquist and Powell.

What I do not know is whether the Chief Justice has the power to do this on his own or whether a majority of sitting SCOTUS members must approve of a postponement and re-argument of such controversial cases. The rationale would be "judicial economy" since a tie vote invites new cases on the same questions after the new justice is seated.

55 posted on 02/14/2016 12:58:07 PM PST by BlackElk (Dean of Discipline: Tomas de Torquemada Gentlemen's Society/Rack 'em Danno!)
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