Scalia Death: What's Next in Supreme Court's DACA, DAPA Case?
Scalia Death: What's Next in Supreme Court's DACA, DAPA Case?
By Michael Oleaga (m.oleaga@latinpost.com)
First Posted: Feb 15, 2016 04:38 PM EST
http://images.latinpost.com/data/ima...daca.jpg?w=600Supporters of immigration reform protest outside the U.S. Supreme Court November 20, 2015 in Washington, D.C. The protesters demanded the implementation of U.S. President Barack Obama's immigration relief programs, including the Deferred Action for Parents of Americans and Lawful Permanent Residents and expanded Deferred Action for Childhood Arrivals, during the protest. (Photo : Win McNamee/Getty Images)
Despite the sudden passing of Supreme Court Justice Antonin Scalia, a decision on President Barack Obama's immigration executive actions lawsuit can still take place without him.
The DAPA, DACA+ Lawsuit
As a result of losses in the lower courts, the U.S. Department of Justice, on behalf of the Obama administration, requested the Supreme Court hear the Texas lawsuit that seeks to block the president's Deferred Action for Parental Accountability (DAPA) program and the expanded guidelines of the Deferred Action for Childhood Availability (DACA). With DAPA and DACA's expanded rules, nearly 4.9 million eligible undocumented immigrants currently living in the U.S. would temporarily avoid deportation and be granted three-year permits to stay in the country.
The lawsuit was launched by former attorney general Greg Abbott, who now serves as governor for the Lone Star State, but it remains alive under current Attorney General Ken Paxton. The suit scored victories from Judge Andrew S. Hanen of the U.S. District Court for the Southern District of Texas and the U.S. Court of Appeals for the Fifth Circuit, which provided a temporary injunction on DAPA and DACA's expansion, preventing the federal government from implementing the programs.
Texas has since received support from other Republican governors and attorneys general from Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, West Virginia and Wisconsin.
On Jan. 19, the Supreme Court agreed to hear the case.
A Split Court
With Scalia's passing, the Supreme Court now has eight judges, though cases will still be reviewed. If the court is split 4-4, then the decision from the previous lower court stands.
So, if the Supreme Court decision is a tie, then the U.S. Court of Appeals for the Fifth Circuit's decision, which supports Judge Hanen's ruling, would reinforce the pause of DAPA and DACA's expansion.
With Scalia absent, the court has four consistent liberal-leaning justices -- Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan -- and three conservative-leaning justices -- Chief Justice John G. Roberts Jr. and Justices Clarence Thomas and Samuel A. Alito Jr. Justice Anthony Kennedy has regularly joined both sides in the past. For the DAPA and DACA expansion case, the attention will be on Justices Roberts and Kennedy, as both have previously given the Obama administration victories on the Affordable Care Act and same-sex marriage cases.
Scalia's Passing
Scalia reportedly died on the morning of Feb. 13 from a heart attack during a retreat in Texas.
Following his death, Obama said he intends to name a successor, but Senate Majority Leader Mitch McConnell, R-Ky., said the next justice should be named by the next U.S. president.
"The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new President," McConnell said in a statement.
"I plan to fulfill my constitutional responsibilities to nominate a successor in due time," Obama said on Saturday. "There will be plenty of time for me to do so, and for the Senate to fulfill its responsibility to give that person a fair hearing and a timely vote. These are responsibilities that I take seriously, as should everyone. They're bigger than any one party. They are about our democracy. They're about the institution to which Justice Scalia dedicated his professional life, and making sure it continues to function as the beacon of justice that our Founders envisioned."
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