Breaking: #SCOTUS Grants Certiorari in U.S. v. Texas, adds Question Presented on Take Care Clause

January 19th, 2016

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: