Texas Gov. Predicts Supreme Court ‘Politics’ Will Prevent States’ Outright Win on Obama Immigration Actions

Josh Siegel

Politics,

Drama at the U.S. Supreme Court. 

The governor of the state leading the legal fight against President Barack Obama’s executive actions protecting illegal immigrants from deportation predicted today that “the best we can hope for” is a deadlocked decision by the Supreme Court.

That’s the difference the vacancy on the court left by the death of Justice Antonin Scalia makes, Texas Gov. Greg Abbott said during a briefing for reporters at The Heritage Foundation.

“Certainly before Justice Scalia passed away, I felt our chances were good; if the court were to rule solely on basis of the law, it should be an 8-0 decision,” Abbott said of the opposition’s chances, adding:

Because politics is being played on the U.S. Supreme Court, I think the best we can hope for is a 4-4 split decision, the consequences of which will mean we will win—but it won’t be a broad-based application around the United States affirming that the president doesn’t have authority to do this.

Abbott’s assessment isn’t a surprise.

The eight remaining justices on the Supreme Court heard arguments Monday in the case arising from Obama’s executive actions to protect millions of immigrants living in the country illegally from deportation. Based on their questioning, the court seemed divided between its four liberal justices and four conservative-leaning justices. Scalia was known as a staunch conservative.

A 4-4 tie would leave in place an appeals court ruling blocking the Obama administration from implementing the president’s plan. But it would not set Supreme Court precedent, meaning a future challenge could come before the court after a ninth judge is confirmed to succeed Scalia, who died Feb. 13.

The case, brought by Texas and 25 other states, challenges Obama’s executive actions to benefit as many as 5 million illegal immigrants who are the parents of U.S. citizens or permanent resident children by allowing them to apply for temporary protection from deportation and for work permits.

Another part of Obama’s plan would expand his already existing Deferred Action for Childhood Arrivals (DACA) program, which allows those who were brought illegally to the U.S. as children to apply for temporary protection and work permits. Abbott, a Republican, is considered the driving force of the state-level resistance to Obama’s actions.