It took me nine posts to make it through the Fifth Circuit’s 135-page divided opinion in Texas v. United States. Here is a summary of the posts:
- Part I of my analysis focused on standing analysis in Texas v. U.S.
- Part II focused on reviewability.
- Part III looked at the procedural APA claim.
- Part IV looked at the substantive APA claim.
- Part V analyzes how the dissent frames DAPA.
- Part VI analyzes the dissent’s standing analysis.
- Part VII looks at the justiciability issue.
- Part VIII analyzes the dissent’s section on the APA Procedural Claim.
- Part IX looks at the dissent’s APA substantive claim section.
Also relevant, here are links to articles and briefs I wrote about this case:
- The Constitutionality of DAPA Part I: Congressional Acquiescence to Deferred Action, 103 Georgetown Law Journal Online 96 (2015).
- The Constitutionality of DAPA Part II: Faithfully Executing The Law, 19 Texas Review of Law & Politics 215 (2015).
- “Halting Obama’s Immigration End-Run Around Congress,” National Review, May 28, 2015.
- “Obama: Giving Immigrants Work Permits Is Vital for National Security,” National Review, March 24, 2015.
- “The President Cannot Bypass the Courts,” National Review, March 19, 2015.
- Obama’s ‘Complete Abdication’ of the Law, National Review, February 18, 2015.
- “Obama’s Unconstitutional Corner,” National Review, December 22, 2014 (Excerpts, PDF).
- “Obama’s overreach? Look in the mirror, Congress,” Los Angeles Times, November 22, 2014.
- ‘Discretion’ on Immigration Enforcement Can Become Abuse of Power, New York Times, November 18, 2014.
- Brief for the Cato Institute and Professor Jeremy Rabkin as Amici Curiae in Support of Plaintiffs-Appellee in Texas v. United States before the Fifth Circuit Court of Appeals (May 11, 2015).
- Brief for the Cato Institute and Law Professors as Amici Curiae Supporting Plaintiffs in Texas v. United States, before the Southern District of Texas (1:14-cv-245) (1/7/15).
I’ve followed this case closely since November of 2014, and now it is starting to really gain velocity as it hurdles to the Supreme Court. Stay tuned.