Friday, September 15, 2017

Supreme Court to Hear Series of Immigration Cases to Begin 2017 Term



The Supreme Court will hear four oral argument in four cases in the first two weeks of the 2017 Term.  And the cases raise challenging constitutional law issues that could forecever change immigration law.  Watch this blog for previews of the oral arguments in the cases.

Sessions v. Dimaya,  Oral Argument October 2.  The U.S. Court of Appeals for the Ninth Circuit, in an opinion by the liberal lion Judge Stephen Reinhardt, held that a criminal removal provision, including the phrase "crime of violence," was void for vagueness.

Jennings v. Rodriguez, Oral Argument, October 3.  The Ninth Circuit, in an opinion by Judge Kim McLane Wardlaw,  found that the indefinite detention of immigrants violated the U.S. Constitution.

Dimaya and Jennings are being re-argued, both having originally been argued before Justice Scalia.  One can assume that the eight Justice Court was divided and that Justice Gorsuch may well be the tiebreaker.

The final two immigration cases are the "travel ban" cases arising out of President Trump's March Executive Order: 

Trump v. Int'l Refugee Assistance Project. Oral Argument October 10.

Trump v. Hawaii.  Oral Argument October 10.


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