Originally Posted by TexasDreamy (Post 565391)

Well right now there hasn't been any sort of trial over the DAPA action. The only thing under consideration is whether or not there can be an injunction against the executive order while the trial goes underway.

The fifth district court has upheld the injunction so Obama administration went to SCOTUS to ask whether or not an injunction is needed while the original trial is underway.

So.... it's way better that we're a justice down. Scalia would've been a definite no. In that case it would've likely been 4/5-against.

This would mean that the injunction would remain in place and this lawsuit would "run out the clock" on Obama's executive order. So if we have a republican president next, that president could not renew the executive order and then the suit would be dropped because it would no longer be opposing an executive order.

Now we're looking at a 4-4 split (which would be the same thing as upholding the injunction...), but I think we're more likely to see a 5-3.

Originally Posted by DACA-IR-DA (Post 565400)

We need one GOP judge to say Yes. Hillary is going to win the Pres and Dems should sweep Congress as well. If Trump wants to win then it is better they let this eDACA/DAPA start right?

4-4 means the lower court stands but IamAman says it can still be challenged again this year?

Originally Posted by IamAman (Post 565377)

The 5th court ruling stands, BUT it doesn't sent a precedent and the case can be reviewed again...

Originally Posted by pink (Post 565428)

I kept hearing whispers of the administration appointing a new justice while congress is in recess (Recess appointment) Wonder if that is something they are seriously considering.

Originally Posted by pink (Post 565428)

I kept hearing whispers of the administration appointing a new justice while congress is in recess (Recess appointment) Wonder if that is something they are seriously considering.

Originally Posted by IamAman (Post 565431)

I don't think there will be enough time before April 23 for that to happen. Remember that the new justice has to be present during the hearing or he/she can not make a ruling on it.

Originally Posted by DACA-IR-DA (Post 565444)

What happens at 4-4? You said it can be brought up again?

Originally Posted by DACA-IR-DA (Post 565444)

What happens at 4-4? You said it can be brought up again?

Originally Posted by IamAman (Post 565461)

Yes, another time...1 years, 2 years? 3 years? Who knows. Practically, it's still a loss for us.

Originally Posted by IamAman (Post 565431)

I don't think there will be enough time before April 23 for that to happen. Remember that the new justice has to be present during the hearing or he/she can not make a ruling on it.