The Federalist Society recorded this snazzy explanatory video, explaining the facts and arguments in U.S. v. Texas.
In November 2014, President Obama announced an executive action known Deferred Action for Parents of Americans and Lawful Permanent Records program, or DAPA for short. Texas and 26 other states challenged DAPA in court, asserting that it violated provisions of administrative law, and the President’s duty to take care that the laws be faithfully executed. The district court agreed, and granted a preliminary injunction halting DAPA. The 5th Circuit Court of Appeals affirmed, and now the case is before the Supreme Court.
On Monday, April 18, the Supreme Court will hear oral arguments in the case. In this video, I explain the three primary issues the Court will confront. First, whether Texas suffered a sufficient injury to warrant standing. Second, whether DAPA complies with the procedural and substantive requirements of the Administrative Procedures Act. Third, whether DAPA violates the President’s duty to take care that the laws are faithfully executed.