Thursday, April 16, 2015

Texas v. USA Oral Argument Preview

In this Center for American Progress preview of Friday's arguments in Texas v. United States, Marshall Fitz and Professor Stephen Legomsky opine that "Judge Hanen’s rulings on both the     standing and the APA issues — specifically, that DACA and DAPA are not     discretionary and thus require notice and comment rulemaking under the APA     — cannot be squared with either the evidence in the record or the governing     legal principles. The 5th Circuit’s decision in Crane — a unanimous ruling by two     Republican appointees and one Democratic appointee —     exposes several of these flaws, vindicates the DHS deferred action     programs, and should weigh heavily when the same court decides the pending     appeal in the Texas case."


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