Mother Jones
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When the Supreme Court hears oral arguments in a critical case, the justices often provide hints in their questions about how they might rule. But after Monday’s arguments in United States v. Texas, a challenge by 26 states to President Barack Obama’s executive action on immigration, the only thing that seemed clear was that the court was in a massive bind, having been asked to settle a contentious political question that it was not keen to address.
There were few, if any, hints—and this probably doesn’t bode well for the president’s attempt to bring 4 million immigrants out of the shadows and allow them a foothold into the legal employment market. The questions from the justices showed a marked lack of consensus on all the key issues at play. And if the court ends up deadlocked with a 4-4 vote, the 5th Circuit Court of Appeals’ ruling against the administration will stand, and Obama’s immigration action will be eviscerated.
The case stems from a lawsuit filed in December 2014, a month after the Obama administration ordered immigration officials to defer the deportation of millions of law-abiding immigrants who had come to the country illegally but had children who were US citizens or legal permanent residents. The action, which was blocked by the lower court before it could be implemented, wouldn’t grant any immigrants legal status, but it would permit many of them to apply for legal work authorizations and the ability to participate in the Social Security system.
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