Thursday, February 11, 2016

United States v. Texas – The road to perpetual immigration gridlock?

Here is my contribution to SCOTUSBlog on-line symposium on United States v. Texas.  Here is my bottom line:

"United States v. Texas raises critically important legal issues concerning the discretion of the executive branch in the enforcement of U.S. immigration laws. Moreover, if allowed to stand, the Fifth Circuit’s finding that Texas has standing to derail discretionary federal immigration enforcement decisions could open the door to the use of litigation in the federal courts for partisan political ends in many controversial areas of law enforcement. As the Court explained three Terms ago in Hollingsworth v. Perry, the use of litigation as a political tool, as Texas and other states are doing, is precisely the kind of suit that Article III standing doctrine seeks to prevent."

KJ

https://lawprofessors.typepad.com/immigration/2016/02/united-states-v-texas-the-road-to-perpetual-immigration-gridlock.html

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