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Originally Posted by dilbert firestorm
that was the other EO, the predecessor to DACA, its the one for adults that got tossed out; Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA.
the supreme court upheld the 5th circuit by 4-4 decision.
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Wasn't it tossed on a lack of authority in the POTUS?
I'm going to find that 5th circuit case.
Technically a "tie" doesn't uphold it just leaves the circuit case in effect. The opinion reveals the "potential" decision making for the Justices who voted on either side. That's of interest now and in the near future, but only academically.
FYI:
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In the paper “Ties in the Supreme Court of the United States,” published in the William & Mary Law Review, Edward Hartnett writes:
The traditional practice of the Supreme Court of the United States is that “no affirmative action can be had in a cause where the judges are equally divided in opinion as to the judgment to be rendered or order to be made.
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That blurb is a cursory look, but there is a long history of the same.
Ginsberg's recent political comments may have disqualified her from hearing any Trump cases.
The Chief Justice would speak on it.