Executive Branch

Obama won't seek SCOTUS intervention on blocked immigration plans after adverse 5th Circuit ruling

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President Barack Obama. Image from Shutterstock.

The Obama administration won’t ask the U.S. Supreme Court to allow him immediately to implement an immigration program that would defer deportation for millions of immigrants living illegally in the United States, the U.S. Justice Department announced Wednesday.

Instead, the administration will defend its planned executive actions on the merits before the New Orleans-based 5th U.S. Circuit Court of Appeals, which refused Tuesday to lift an injunction barring implementation of the immigration changes. The New York Times and SCOTUSblog have stories on the Justice Department announcement; the New York Times covered the 5th Circuit’s 2-1 decision (PDF) in an earlier story.

The 5th Circuit ruled in a lawsuit filed by 26 states. Oral arguments on the merits of an injunction will be held the week of July 6.

After the 5th Circuit rules on the merits, the loser is likely to seek Supreme Court review, which could delay a decision until June 2016, only months before Obama leaves office in January 2017, the Times reports. Even if Obama wins, quickly setting up the bureaucracy to process immigrant applications under the program would be a “daunting task,” the story says.

Related articles:

ABAJournal.com: “Obama’s executive action on immigration blocked for now by federal judge”

ABAJournal.com: “Federal judge questions trust in Obama, threatens Justice Department sanctions on immigration action”

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