The Obama administration has asked the Supreme Court to rehear the case over President Obama's executive orders to aid some undocumented immigrants. The court, absent one justice, deadlocked this spring, leaving the lower court’s decision to block the orders in place, but not deciding the law.
Acting Solicitor General Ian Gershengorn filed a petition with the court Monday, asking the justices—who split 4-4 in the case—to delve back into the issue next term when they are at their full strength of nine members.
The move to revive the legal case in U.S. v. Texas is notable because the clock has effectively run out on Obama's plans to expand the Deferred Action for Childhood Arrivals program and to launch a new Deferred Action for Parents of Americans program. […]
Even if the justices heard re-argument in the case when the new term begins in October—a big if since there's no indication a ninth justice will be confirmed by that point—there would not be enough time for Obama to press forward with his moves.
Barring a September miracle, there won't be nine justices in October. There probably won't be nine judges until February or March. There may or may not be four justices who are willing to take the case on again in the new session. So there are a lot of "ifs" here, but the Justice Department argues that "As this Court recognized in granting certiorari, this Court instead should be the final arbiter of these matters through a definitive ruling....here is a strong need for definitive resolution by this Court at this stage."
What the request really highlights is that the Supreme Court remains broken, and it's broken thanks to Senate Republicans.
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