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The Immigration Decision in Texas v. United States

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It is a long, detailed -and for non-lawyers, often difficult-to-read– opinion especially its passage on standing created by abdication, beginning on p. 57.  The opinion is persuasive, however, and should not surprise given how breathtakingly unprecedented the president’s and DHS’s action proposed actions are.
I’ll be discussing the decision today with Erwin Chemerinsky and John Eastman, “The Smart Guys,” in the first hour of the program so don’t miss that.  Given the detailed nature of the opinion and the facts found by the judge, I don’t think this injunction will be lifted before the next presidential election, so the question becomes for Hillary: Should the injunction against the president’s immigration program be lifted after you become president, would you order it forward?  Every Republican would answer “No,” because it is an unconstitutional unilateralism that is breathtaking in its smash down of the separation of powers.  But Hillary will be obliged to say yes, which will tell discerning ears all that they need to know about her views of the scope of presidential power.


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