Kennedy is skeptical of the Obama admin's actions here, but wasn't sold on this lawsuit as the means to challenge it.
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The question is whether &, if so, how Kennedy (&, maybe, the Chief?) devise(s) a narrow standing ruling that would allow a later challenge.
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At this point, if the question gets to the merits, it's hard to imagine anything other than a 4-4 ruling.
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It's always possible Kennedy could find a way to side with the liberals, but I don't see it based on today's arguments.
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Finally, and sadly, there was no real debate over the Take Care Clause, despite the added question and briefing on the matter. Although ...
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... we did get a brief Youngstown/Justice Jackson mention at one point from Keller or Murphy, so it was implied.
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REPORT FROM
#SCOTUS: Closely Divided Supreme Court Digs Into Obama’s Immigration Action:https://www.buzzfeed.com/chrisgeidner/closely-divided-supreme-court-digs-into-obamas-immigration-a?utm_term=.fm3B1JZ6W4 … - 2 more replies
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@chrisgeidner Need a follow up interview? Dallas atty@appellatelaw breaks down the immigration hearing: http://bit.ly/23H6VBpThanks. Twitter will use this to make your timeline better. UndoUndo
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