Saturday, February 21, 2015
Supremes to Hear Arguments in Kerry v. Din on Monday
On Monday, the U.S. Supreme Court will be hearing oral arguments in Kerry v. Din. Briefs and related materials on the case can be found here.
Kerry v. Din implicates some issues that are at the core of immigration law, including the plenary power doctrine and judicial review of the substantive immigration decisions of Congress and the Executive Branch. While the Obama administration refused to defend in the Supreme Court two lower court decisions finding that the immigration statute barred judicial review, see Mata v. Holder (pending); Kucana v. Holder (2010), and does not consistently make plenary power arguments, the Office of the Solicitor General's briefs most aggressively defended the doctrine of consular nonreviewability -- the basic idea being that the visa decisions of Department of State consular officers are not subject to any judicial review -- and relied repeatedly on Cold War plenary power relics Knauff and Mezei.
Here is some of the commentary and news that ImmigrationProf has posted over the last few months about this much-awaited case:
Argument preview on Kerry v. Din: The Doctrine of Consular Nonreviewability – Hiistorical Relic or Good Law?
Plenary Power Showdown in Supreme Court in Kerry v. Din?
Nancy Morawetz, Kerry v. Din, the Solicitor General, and Convenient Facts Redux
Amanda Frost on the Former Consular Officers Brief in Favor of Judicial Review in Kerry v. Din
Law Professors Weigh in in Kerry v. Din
UCLA Law Hosts Kerry v. Din Moot Argument
Dugdale Has It Wrong About Kerry v. Din
Timothy Dugdale: Kerry v. Din, Part II
Timothy Dugdale: Why the Supreme Court Should Revisit the Doctrine of Consular Nonreviewability
Supreme Court Grants Cert in Consular Nonreviewability Doctrine Case
Stay tuned for my recap on the oral argument.