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Supreme Court agrees to review Obama immigration plan

Renae

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Supreme Court agrees to review Obama immigration plan | Fox News



The Supreme Court agreed Tuesday to review President Obama’s plan to shield up to 5 million illegal immigrants from deportation, after lower courts blocked the president’s sweeping executive actions from taking effect.The decision sets up an election-year clash over the controversial plan that many Republicans have likened to “amnesty.”
The justices said Tuesday they will consider undoing lower court rulings that blocked the plan from taking effect. The Obama administration had appealed to the Supreme Court last fall.
Let's see how well this fares.
 

It all comes down to the argument that the Administration makes. If they stick to a "resources allocation" argument then Obama's plan might survive the challenge, otherwise I find it hard to see how the Supreme Court would see this as anything other than a sidestep of Legislative function. On paper Obama should lose this one, but we have been down this road before where the Supreme Court surprises us with interpretations.
 
It all comes down to the argument that the Administration makes. If they stick to a "resources allocation" argument then Obama's plan might survive the challenge, otherwise I find it hard to see how the Supreme Court would see this as anything other than a sidestep of Legislative function. On paper Obama should lose this one, but we have been down this road before where the Supreme Court surprises us with interpretations.

There were three questions asked in the appeal from the DOJ:

* whether states create legal standing to challenge the deferred actions grants by providing benefits to such immigrants
* whether the actions Obama ordered in 2014 were arbitrary and capricious under federal law
* whether the administration was obliged to go through a formal notice-and-comment period before proceeding with its plan.

But the court added a fourth:
* whether Obama’s actions violated the Constitutional provision requiring him to “take care that the Laws be faithfully executed”

That last one will give this case a bigger play in arena of separation of powers, and I feel will set the rules for executive actions in the future.


Supreme Court to rule on Obama immigration orders - POLITICO
 
Interesting to see which side Roberts will be on.

All depends on what the Obama Administration has on him i suppose.
 
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