I should have listened to Yogi Berra and not made predictions, especially about the future. The U.S. Supreme Court's orders list this morning does include certiorari grants as well as denials, and the Court did take up United States v. Texas, No. 15-674, even while turning down Arpaio v. Obama, No-15-643.
Questions Presented follow the break.
Questions Presented follow the break.
As stated by the Solicitor General in the petition for writ of certiorari:
The Court added in today's order:
The Department of Homeland Security has long engaged in "a regular practice *** known as 'deferred action,'" in which the Secretary "exercis[es] [his] discretion" to forbear, "for humanitarian reasons or simply for [his] own convenience," from removing particular aliens from the United States. Reno v. American-Arab Anti-Discrimination Comm., 525 U.S. 471, 483-484 (1999). On November 20, 2014, the Secretary issued a memorandum (Guidance) directing his subordinates to establish a process for considering deferred action for certain aliens who have lived in the United States for five years and either came here as children or already have children who are U.S. citizens or permanent residents.
The questions presented are:
1. Whether a State that voluntarily provides a subsidy to all aliens with deferred action has Article III standing and a justiciable cause of action under the Administrative Procedure Act (APA), 5 U.S.C. 500 et seq., to challenge the Guidance because it will lead to more aliens having deferred action.
2. Whether the Guidance is arbitrary and capricious or otherwise not in accordance with law.
3. Whether the Guidance was subject to the APA's notice-and-comment procedures.
The Court added in today's order:
4. Whether the Guidance violates the Take Care Clause of the Constitution, Art. II, ยง3.
The addition of Question 4 spells trouble for the Administration. Disregard for law is a major complaint in precincts Kennedy pays attention to.