No need for a fifth vote: Texas and 25 other states challenged Obama’s authority to implement the policy by executive action, rather than going through Congress. Federal district court Judge Andrew Hanen in Brownsville, Texas, upheld the challenge in February 2015 and blocked the program from being implemented nationwide.
The U.S. Court of Appeals for the 5th Circuit upheld that ruling last November in a 2-1 decision. The panel’s majority said Obama exceeded his authority by going around Congress.
You only need a fifth vote if you want to overturn the two lower courts. A 4-4 split means the ruling by the Court of Appeals stands and Obama loses.
I wouldn’t be surprised to see the cowards pass the buck back to the 5th Circuit with instructions to review or rehear the case.
Right. I don’t understand why the people writing the article did not explain what happens in the event if a tie. And here, a tie is good.
Yeah, they’re going to need to get Kennedy to switch sides to save this turkey.