Op-Ed in Philadelphia Inquirer on U.S. v. Texas

February 14th, 2016

In anticipation of my speech at the National Constitution Center on Tuesday, the Philadelphia Inquirer solicited a pice on United States v. Texas. Here is the introduction:

This spring, in United States v. Texas, the Supreme Court will decide the legality of President Obama’s executive action on immigration, known as Deferred Action for Parents of Americans (DAPA). Critically, the court ordered the Obama administration to answer a pivotal question:

Whether DAPA “violates the take-care clause of the Constitution.”

In 225 years, the Supreme Court has never had occasion to ask the president whether he has reneged on his oath to take care that the laws are faithfully executed. In June, the Supreme Court may provide an answer to this foundational question.

This was written before the passing of Justice Scalia, which, for reasons I will develop, changes the tenor of this case, and really the entire term.