Friday, April 22, 2016

Understanding Justice Kennedy’s “Upside Down” Argument in U.S. v. Texas

In this piece on Immigration Impact, Shoba Sivaprasad Wadhia analyzes Justice Anthony Kennedy's "upside down" argument at the oral argument in United States v. Texas.  At oral argument, Justice Kennedy said, “the briefs go on for pages to the effect that the President has admitted a certain number of people and then Congress approves it. That seems to me to have it backwards. It’s as if—that the President is setting the policy and the Congress is executing it. That’s just upside down.”


Professor Wadhia is an expert on deferred action and prosecutorial discretion in immigration removal.  Here is a review of her book Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases



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