The U.S. Supreme Court said on Tuesday it will review a legal challenge to President Obama’s executive action to protect as many as five million immigrants in the United States from deportation, and a ruling is likely to come in the heat of the presidential election.
Obama’s executive action is one of his signature accomplishments, yet a federal district judge put it on hold last year, and then the Fifth U.S. Circuit Court of Appeals agreed (see Gavel Grab). The immigration case now joins highly charged cases involving abortion, affirmative action, public unions that are before the high court in an election year.
According to The New York Times, the Supreme Court on Tuesday expanded the reach of the immigration case, “asking the parties to address an additional and fundamental question: whether the administration’s plan violates the constitutional command that the president ‘shall take care that the laws be faithfully executed.’”
The federal district judge who ruled earlier said the Obama administration failed to give adequate notice, and solicit public comment, on the new plan. The appellate court went further, also saying the program extended beyond the president’s statutory authority. Texas and 25 other states brought the legal challenge.