Thread: Administration asks new immigration review with 9 justices

Administration asks new immigration review with 9 justices

Originally published July 18, 2016 at 2:51 pm

The Associated Press

WASHINGTON (AP) — The Obama administration says the Supreme Court should seek to break its recent tie over plans to protect millions of immigrants, when a ninth justice is on the bench.

The Justice Department request filed Monday argues that the court should not let the 4-4 tie in late June that effectively killed the White House’s plans be the last word on an issue of such importance.

The court has been shorthanded since Justice Antonin Scalia died in February.

The filing also highlights the Republican-controlled Senate’s refusal to consider President Barack Obama’s nomination of Judge Merrick Garland to take Scalia’s place. Until now, Justice Louis Brandeis endured the longest wait before a Senate vote, 125 days. Tuesday marks 125 days since Garland’s nomination.

http://www.seattletimes.com/nation-w...th-9-justices/

Mon Jul 18, 2016 5:35pm EDT

Obama administration asks U.S. Supreme Court to rehear immigration case

WASHINGTON | BY LAWRENCE HURLEY

The Supreme Court is pictured in Washington March 9, 2015.
REUTERS/JOSHUA ROBERTS

In a last-ditch effort to revive a White House plan to protect up to 4 million immigrants from deportation, the Obama administration on Monday asked the U.S. Supreme Court to rehear a case on which the eight-member court was split 4-4 last month.

The June 23 high court decision left in place a lower court ruling that blocked the plan, which has never been in effect. The court is currently one justice short following the death of Justice Antonin Scalia in February.

In a filing, the Justice Department asked the court to take a second look at the case once it has a full complement of nine justices. It is unclear when that would be, as the Republican-controlled U.S. Senate has declined to act on Obama's nominee, appeals court judge Merrick Garland. As such, even if the Supreme Court was to grant the request, it is unlikely to rule on the case until well after Obama leaves office in January.

Acknowledging that the high court rarely rehears cases, Acting Solicitor General Ian Gershengorn said the immigration case is unique because the court could not in future take another case to resolve the issue if the plan is blocked. The high court "should be the final arbiter of these matters through a definitive ruling," he wrote.

Obama unveiled his plan in November 2014. It was quickly challenged in court by Republican-governed Texas and 25 other states that argued that Obama overstepped the powers granted to him by the U.S. Constitution by infringing upon the authority of Congress.

Because the court was split, a 2015 lower-court ruling invalidating Obama's plan was left in place. The plan never was implemented because the lower courts had blocked it.

The plan was tailored to let roughly 4 million people - those who have lived illegally in the United States at least since 2010, have no criminal record and have children who are U.S. citizens or lawful permanent residents - get into a program that shields them from deportation and supplies work permits.

http://www.reuters.com/article/us-us...-idUSKCN0ZY2LG

A million here a million there where do they think all these people are going to work? American citizens can't even find jobs.

What Obama and his minions are ignoring is the death of justice Scalia. If Scalia would have still been alive, this wouldn't even be an issue because Obama would have been shot down in a 5-4 decision. Hard to believe they're actually using Scalia's death as an excuse to keep an Obama executive order alive. Furthermore, this all becomes a moot point if Trump is elected because he will (hopefully) immediately cancel the executive order. Without the order, there is no case to reconsider because there is no case when the executive order is no longer in play. Don't profess to be an expert on the judicial system but what I've said makes since to me. Am I wrong on this?

Obama Admin. Asks SCOTUS for Rehearing on Executive Amnesty

Administration asks Supreme Court to rehear immigration case



07/18/16 05:30 PM EDT

The Justice Department is asking the Supreme Court to rehear a case challenging President Obama’s executive actions on immigration.

The court was deadlocked 4-4 in its decision in June, leaving a lower court order standing that blocks a program allowing undocumented immigrants who are parents of U.S. citizens or lawful permanent residents to remain in the United States for three years and apply for work permits.

The decision also prevents the administration from otherwise expanding the Deferred Action for Childhood Arrivals (DACA) program issued by Obama in 2012.
The case, U.S. v. Texas, is the most prominent to end in a tie since the unexpected passing of Justice Antonin Scalia in February. His death has left the court divided with an equal number of justices on the conservative and liberal wings; the Senate is refusing to consider Obama's nominee, Merrick Garland.

The Justice Department said the lower court's preliminary injunction would now prevent the government from carrying out the programs nationwide. It urged the Supreme Court to revisit the case when it had a full bench of nine justices.

“There is no reason to expect that the district court would issue a permanent injunction that is narrower; and no other pending case challenges the Guidance,” the agency said in it’s petition.

“Unless the court resolves this case in a precedential manner, a matter of 'great national importance' involving an ‘unprecedented and momentous’ injunction barring implementation of the guidance will have been effectively resolved for the country as a whole by a court of appeals that has divided twice, with two judges voting for petitioners and two for respondent states.”

The DOJ argued that there have been cases in the past where the justices revisited a case that had deadlocked because of a vacancy.
The appeal comes with the president and Republicans at loggerheads over confirming a ninth justice.

Democrats and Obama have used the deadlocked rulings to urge the Senate to confirm a new justice to replace Scalia. But Senate Republicans have said they will not move on Obama's nominee this year.

“Because we have a short-staffed Court unable to issue a decision on the DAPA program, a regional lower court has been able to put unprecedented constraints on the executive and stop a federal policy nationwide, affecting millions of American families,” Elizabeth Wydra, president of the Constitutional Accountability Center, said in a statement.

“This petition highlights why the Senate leadership needs to stop its hyper-partisan gamesmanship and consider the President’s Supreme Court nominee, so the Court can fulfill its constitutional role of declaring what the law is.”



http://thehill.com/regulation/court-...migration-case

STOP OBAMA...DO NOT FUND HIS LAWLESSNESS!

SCOTUS Refuses to Rescue Obama on Executive Amnesty