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If court deadlocks, Obama’s policy to shield millions from deportation likely would be frozen
The Obama administration’s plan to defer deportation for more than four million illegal immigrants faced an uncertain future Monday after the Supreme Court appeared split on the program’s legality.
During a 90-minute argument session, the justices again faced how to resolve a case with an eight-member court that has been short-handed by one justice since the February death of Justice Antonin Scalia. The court has since struggled with how to resolve cases that closely divide the court, including cases on public-employee unions and contraception coverage under the 2010 health-care law.
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| Justice Anthony Kennedy |
The court’s four conservative justices voiced skepticism of the Obama administration’s immigration policy, called Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA, which would provide work authorization and a reprieve to illegal immigrants with children who are U.S. citizens, if they meet certain criteria. Liberal justices noted that the president has wide discretion on deportation matters, given the government’s limited resources and the more than 11 million immigrants believed to be living in this country illegally.
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| Chief Justice John Roberts |
Justice Anthony Kennedy, a pivotal figure in the case, said the president appeared to be leading and dictating immigration policy instead of Congress. “That’s just upside down,” he said.
Chief Justice John Roberts questioned the breadth and logic of the government’s legal arguments, wondering whether the administration’s position would allow the president to grant deferred deportation “to every unlawfully present alien in the U.S. right now.”Read the rest of the story HERE.
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2 comments:
There aren't four conservative justices on the Supreme Court. Anthony Kennedy isn't a "conservative." He wrote the opinion in Obergefell v. Hodges, the same sex marriage debacle, in which the majority ignored the 10th Amendment and created a right ex nihilo.
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