The U.S. Supreme Court has scheduled a conference of the Justices on January 15, 2016, to consider whether to grant the Obama Administration’s request to review the 5th Circuit’s decision to block the implementation of DAPA. The fact that the Court scheduled the conference for January 15 is good news, because it means that if the Court decides to hear the case, then the Court will most likely issue a decision on the case by June 2016.
As expected, the opponents of DAPA filed an opposition to the Obama Administration’s request. In their brief, the opponents stated that they have standing to file the lawsuit against DAPA, mainly because, they argue, it will cost states additional funds to issue driver licenses to DAPA recipients. The opponents brush aside the response that states have the authority to charge fees to cover the costs of issuing driver licenses.
The opponents go on to state that DAPA is reviewable in the courts, and that the Obama Administration did not go through the cumbersome notice-and-comment procedure before moving forward with DAPA. Finally, the opponents stated their arguments that DAPA violates the U.S. Constitution. They argue that the Obama Administration acted without the consent of Congress, and therefore violated the Separation of Powers – that the President took on the role of Congress without Congress’s authorization.
I expect that the Supreme Court will decide to hear the case. The Court will hear the case if at least 4 of the 9 Justices vote to hear it.