First take out of #SCOTUS immigration args: A ruling that the states lack standing to challenge at this time is most likely outcome.
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Replying to @chrisgeidner
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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Replying to @chrisgeidner
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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Replying to @chrisgeidner
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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Replying to @chrisgeidner
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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Replying to @chrisgeidner
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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Replying to @chrisgeidner
@chrisgeidner@RMFifthCircuit Because that's a hole with literally no bottom. Enforcement of that clause would destroy the Republic.1 reply 0 retweets 1 like
@WhippleMarc @RMFifthCircuit I KNOW. But it would have been fun.
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