On the eve the inauguration, DAPA likely has less than 24 hours left to live. Unlike DACA, which will be somewhat complicated to unravel, DAPA never took effect. With the stroke of a sharpie, President Trump can make good on his promise, and nullify it tomorrow.
In any event, the litigation following the remand from the Supreme Court proceeds. Around 4:30 Texas Standard Time, Judge Hanen issued an order, extending a previously agreed-upon stay from 2/27/17 to 3/17/17 (the order erroneously lists the date as 2016). Why? “This Court questions whether the time requested is adequate given the vagaries involved in a change of administrations.” Ever-green words for the transition: “vagaries.”
I was involved with this case from the outset. Never, would I ever have believed the twists and turns it took: a federal district court issued a nationwide injunction, the Fifth Circuit affirmed, due to Justice Scalia’s passing the Court affirmed that decision 4-4, and President Trump will nullify the order. This path is almost stranger than fiction.