Phew, so. Tomorrow @ #SCOTUS is the immigration executive action oral arguments!
-
-
Back to the briefs. Notably, the Obama administration brags about how many undocumented people it has removed:pic.twitter.com/rJwShoK1lI
-
The arguments come down to 4 questions: (1) Do the states have standing to challenge the Obama admin's 2014 DAPA policy guidance?
-
If so, (2) is the policy "arbitrary and capricious" (i.e., contrary to law); (3) subject to notice-and-comment rules; or ...
-
(4) in violation of the Constitution's "Take Care Clause," which is a fun constitutional detour in the case if you're a big dork like me.
-
On the Take Care arg, the Obama administration brushes it aside, for the most part — citing JUDGE BORK at one point:pic.twitter.com/v28pzplLkm
-
The MALDEF brief, representing Jane Does who could benefit from DAPA, frames itself as follows:pic.twitter.com/syhgr61u5E
-
The MALDEF brief details other programs that it could see subject to challenge if Texas' standing arg succeeds here:pic.twitter.com/XCQgkqicgq
-
The states' brief argues in favor of standing, but also sounds indignant note about admin's standing opposition:pic.twitter.com/0WTUjybyxG
-
States' main argument, reiterated throughout, is that admin attempts to turn unlawful conduct into lawful conduct.pic.twitter.com/GYpEtQIRZG
-
The House presses a similar point, arguing that Congress has repeatedly ~refused~ to do what admin did with DAPA:pic.twitter.com/KWWqSOgHK4
-
Additionally, the House presses on the idea DAPA authorizes "prospective violation of the immigration laws."pic.twitter.com/kQFGCSVAt0
-
In its reply brief, the Obama admin counters the idea that DAPA is conferring the ~right~ to remain in the U.S.:pic.twitter.com/v49lxbqllC
-
The Obama admin specifically argues that "lawful presence" is not the same as "lawful status."pic.twitter.com/WxF0S3qvl6
-
The MALDEF / Jane Does reply brief echoes this "lawful presence" distinction argument:pic.twitter.com/HL4n6uqXMF
-
And, that's a wrap. As noted, please go and look at all the briefs for yourself here — http://www.scotusblog.com/case-files/cases/united-states-v-texas/ …
-
For my part, I'll be at
#SCOTUS in the morn for the args, which will follow orders and opinions about 10:15a for about 90 minutes. -
As usual, there will be no electronics in the press gallery during the arguments, so expect the first argument reports about noon.
#SCOTUS - 1 more reply
New conversation -
Loading seems to be taking a while.
Twitter may be over capacity or experiencing a momentary hiccup. Try again or visit Twitter Status for more information.