Supreme Court to Rule on Obama’s Immigration Order

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From the New York Times:

The Supreme Court said Tuesday that it would consider a legal challenge to President Obama’s overhaul of the nation’s immigration rules. The court, which has twice rejected challenges to Mr. Obama’s health care law, will now determine the fate of one of his most far-reaching executive actions.

….The administration, fearing that the program could remain frozen through the balance of Mr. Obama’s presidency, had asked the court to move quickly. On that point, at least, the court agreed, and it now appears that the case will be argued in April and decided by the end of June….The court did broaden the scope of the case, asking the parties to address an additional and fundamental question: whether the administration’s plan violates the constitutional command that the president “shall take care that the laws be faithfully executed.

Well, that sure sounds like we can expect the usual partisan 5-4 decision. The liberals will vote with Obama and the conservatives will vote against him, and all the rest is window dressing. And just to twist the knife a bit more, the conservatives are going to use the opportunity to rail against Obama’s executive tyranny and issue some kind of broad ruling which eliminates enforcement discretion that every president in history has enjoyed until now.

Maybe. I’ve been wrong before about how the courts would react to Obama’s immigration order, so maybe I’m wrong again. And since I assume that much of the administration’s defense will rely not just on constitutional authority, but specifically on statutory interpretation of immigration law—which is fairly unique in the amount of power it gives to the executive—it’s hard to say for sure how exercised the conservative majority will actually be. In a few months we’ll find out.

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DEMOCRACY DOES NOT EXIST...

without free and fair elections, a vigorous free press, and engaged citizens to reclaim power from those who abuse it.

In this election year unlike any other—against a backdrop of a pandemic, an economic crisis, racial reckoning, and so much daily crazy—Mother Jones' journalism is driven by one simple question: Will America will move closer to, or further from, justice and equity in the years to come?

If you're able to, please join us in this mission with a donation today. Our reporting right now is focused on voting rights and election security, corruption, disinformation, racial and gender equity, and the climate crisis. We can’t do it without the support of readers like you, and we need to give it everything we've got between now and November. Thank you.

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