Without even bothering to relist the case, as has been the Court’s practice in recent years, this morning the Court granted the government’s cert petition in U.S. v. Texas.
Importantly, the Court added an additional question presented:
Whether the Guidance violates the Take Care Clause of the Constitution, Art. II s. 3.
At least some of the Justices think the constitutional question has some “independent content.”
Update: In Texas’s Brief in Opposition, they proposed this additional question presented:
Whether DAPA is contrary to law or violates the Constitution.
The Court’s proposed question is much more specific, and focuses on the Take Care Clause. Lucky for you, this is something I’ve written on extensively over the past year, and will likely be quite busy over the next 6 months.
Update 2: #SCOTUS also denied Arpaio v. Obama, which also presented the question of DAPA’s constitutionality.
Update 3: Judge Hanen held the preliminary injunction hearing on Jan. 9, 2015. This case rocketed up so quickly, it’s hard to believe.
Update 4: Here is a listing of my key writings on the case over the last year:
- 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).