Tuesday, May 5, 2015

DC Circuit Skeptical of Standing in Challenge to Expanded Deferred Action, A Circuit Split in the Works?

Last December, a federal district court dismissed on standing grounds challenges by Maricopa County (Arizona) Sheriff Joe Arpaio and others to President Obama's expanded deferred action program.  Josh Gerstein on Politico.com reports on the oral arguments in that case before a three judge panel (Janice Rogers Brown, Sri Srinivasan, Nina Pillard) of the U.S. Court of Appeals for the District of Columbia Circuit

According to Gerstein, Arpaio's attorney encountered some tough questioning.  "Srinivasan and Pillard, both Obama appointees, seemed to lean against Arpaio on the standing issue. Brown, a George W. Bush appointee, was harder to read."

Similar standing issues are before the Fifth Circuit in Texas v. United States, in which 26 states also have challenged the Obama administration's expanded deferred action program.  The court in April heard oral argument on a stay of a preliminary injunction barring implementation of the new program.

Two challenges to the expanded deferred action programs are percolating in the circuit courts.  We will see if a split develops, which would almost certainly assure Supreme Court review to resolve the split.




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