AP on Conflicting Immigration Order Decisions

February 2nd, 2017

The Associated Press quoted Steve Vladeck and me about some of the disorder resulting from the Airport Cases:


A: With different challenges filed in so many courts, there is likely to be confusion going forward, legal experts said.

“You have the opportunity, frankly, for a dizzying array of judicial decisions trying to parse out how it applies to different groups of noncitizens,” Vladeck said.

The Department of Justice is likely to take a case to a court of appeal to try to make sense of the many rulings, said Josh Blackman, a professor at South Texas College of Law in Houston.

Of course, those appellate courts could disagree, which has happened on many major issues including gay marriage and ultimately put the issue before the Supreme Court.

The high court would probably not hear the case until the fall. The orders, which could be extended, are due to expire long before that.

“This order will not be the final word on it,” Blackman said.