Associate Justice Antonin Scalia Found Dead in Texas - Page 3

IamAman · 02-14-2016, 10:09 AM

On the bright side, we are living in historic times. 50 years from now, there will be documentaries about how screwed up the political world was at this time with all the different angles form immigration, wars, race, etc. The 60's wasn't that long ago and they weren't dealing with half the shit we're dealing with now.

Swim19 · 02-14-2016, 10:50 AM

This article explains a little bit more about what could possible happen. I quoted below the part that specifically handles immigration.

Quote:

Immigration
United States v. Texas concerns the legality of Obama administration immigration policies that, if allowed to take effect, will temporarily enable close to five million undocumented immigrants to remain in the county. It is also the case that presents the most opportunity for chaos if the Court evenly divides on the outcome.

In a highly unusual order, a federal district judge issued a nationwide halt to the policy and refused to stay that decision. A conservative panel of the conservative United States Court of Appeals for the Fifth Circuit upheld those decisions by the district judge. Thus, if the Court splits 4-4 in the Texas case, the Fifth Circuit’s order will stand.

Where things get complicated is if the Justice Department successfully obtains an order from a different circuit upholding the program, or if an immigrant who hopes to benefit from the program obtains a similar order. The Fifth Circuit is among the most conservative courts in the country, and it is unlikely that every circuit will follow its lead. In that case, there will be competing court orders holding the policies both legal and illegal, and no possibility of Supreme Court review. It is not immediately clear what happens in such a case.

Got_Daca · 02-14-2016, 04:15 PM

I hate republicans so much now. I didn't know my hate could grow any more than it already was.

DACA-IR-DA · 02-14-2016, 04:51 PM

So he was going to vote NO against the DACA in Supreme Court?

Although, we should show sympathy for any death. Yes, it will benefit eDACA if he was going to say NO. The next justice that Obama appoints should have a YES right?

I am no one to 'judge' this 'judge'. It is what it is.

Demise · 02-15-2016, 03:53 AM

Quote:

Originally Posted by Swim19

This article explains a little bit more about what could possible happen. I quoted below the part that specifically handles immigration.

Circuit split would be an interesting thing to have happen. Maybe we could get some larger pro-immigrant organization to back it off. All we really need is one aged out of DACA or DAPA plaintiff. Still, not sure what the argument would be. You really can't sue someone for suing, nor can you sue the decision of the court.

So, who the fuck do you sue? DHS? I guess you could for them letting some backwater yokel judge tell them what to do. I don't think they'd even argue against you there.

Sorry guys, Demise is drunk out of his ass tonight.

zalmoxe · 02-15-2016, 12:33 PM

I feel sympathy to the loss of his family and despite that Scalia is against immigration reform, this shows that no matter what position you are in, you may have the best job, citizenship, fame, ii the end these are merely temporary. I just can't believe that these Republicans are very selfish. But one thing that's giving me hope is the famous quote from Pope's recent visit where he said to undocumented communities that "Do not lose hope and continue to bring fruit" in this country. I know God will help us and God will enlighten these people who are very selfish on immigration reform!

IamAman · 02-15-2016, 02:43 PM

Quote:

Originally Posted by Swim19

This article explains a little bit more about what could possible happen. I quoted below the part that specifically handles immigration.

Hrm...someone in a liberal part of the country with a liberal appeals court should sue DHS or whoever and get the program going. The best bet would be someone born here (so they have no fear) whose parents could benefit from DAPA.

Pianoswithoutfaith · 02-15-2016, 10:05 PM

Wouldn't someone who would benefit from the program have to sue ?

DACA-IR-DA · 02-16-2016, 08:03 PM

Any new news?

lovemode · 09:29 PM

Quote:

Originally Posted by Swim19

This article explains a little bit more about what could possible happen. I quoted below the part that specifically handles immigration.

I think Scalia's death doesn't make any differences for now. Hoping for a 5-3 decision or else the immigrants (we) lose.. at least temporarily.

Quote:

In a 4-4 tie, the current court would allow the existing decision (freezing Obama’s program) to stand. Legal scholars both supportive and opposed to Obama’s immigration policies say that Scalia’s absence won’t make a difference. If the court is locked in a 4-4 vote, immigrants and their families lose. That’s why conservative legal pundits are hoping that the surviving justices vote along their traditional conservative/progressive lines. But conservative judges have supported pro-immigrant rulings recently. Chief Justice John Roberts, a conservative, sided with the majority in the 2012 SB 1070 case -- the one that provoked Scalia’s unsympathetic opinion in the minority.

Therefore, Scalia’s absence won’t have a big affect on the immigration case, at least in the short term. But it could matter in the long term. Both Democratic presidential candidates have pledged to continue and expand Obama’s executive actions on immigration. A 5-4 loss would have shut down the possibility of them fulfilling their pledge.

However in a 4-4 tie, the lower court decision (against Obama’s policies) would not set precedent. As SCOTUS blog puts it, ties lead to “reargument, not affirmation.” That means that the case could be retried in the future, but a justice that they pick. In other words: Scalia’s death doesn’t matter to immigration for now, but it could help Democrats if the vote is along party lines and they win the 2016 election.

http://www.latintimes.com/immigratio...rt-case-369967

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Associate Justice Antonin Scalia Found Dead in Texas - Page 3