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Nationwide injunction and 4 - 4 split
First, as a technical matter, if the Supreme Court evenly divides, the decision of the 5th Circuit affirming Hanen’s injunction would remain in place. But, importantly, that might be limited to only the 5th Circuit and no longer nationwide. As Tom Goldstein explained on SCOTUSblog, if “there is no majority for a decision and the lower court’s ruling stands, as if the Supreme Court had never heard the case.” Although Goldstein believes such cases are more likely to be reargued once a new justice is confirmed, it’s clear there would be no immediate national precedent in the event of an even split.
https://medium.com/@DavidLeopold/how...450#.780p158tp |
Re: Nationwide injunction and 4 - 4 split
So basically we are back to when before the big C heard the case
sigh |
Re: Nationwide injunction and 4 - 4 split
...Implementation would still take many months. The reality is that any good news would also be dependent on the next President. If that is the case, I can see the upcoming election cycle being critical for the currently implemented DACA, and the yet to be implemented eDACA and DAPA. Considering what is on the line and the millions affected, something might give.
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Re: Nationwide injunction and 4 - 4 split
Any more hearing until June?
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Re: Nationwide injunction and 4 - 4 split
When will we know the judgement?
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Re: Nationwide injunction and 4 - 4 split
Vote is in June but any more hearings before then?
If it is 4-4 then this means it can be brought up again and the next judge will be appointed by Obama. This means 5-4 in our favor. It might not be in this term though. |
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