Liberty Park Press

Liberty Park Press

  • Headlines
  • Politics
  • 2nd Amendment
  • Tech
  • Life
  • Money
  • Sports

The ONE Critical Supreme Court Case Justice Scalia’s Death Likely Won’t Change

February 15, 2016 By Colleen Conley

Screen Shot 2016-02-16 at 12.26.45 AM

The untimely death of Supreme Court Justice Antonin Scalia has thrown an unexpected wrench in not only presidential politics and possibly down ticket races in the 2016 election, but also regarding some critical court cases pending before the highest court in the land.

High profile cases involving restricting abortion rights, access to contraception, and affirmative action are just some of the high-profile cases SCOTUS is expected to weigh in on this year, all of which could likely have different outcomes following the death of one of the bulwarks of conservatism on the bench.

But one of the court cases which addresses an enormously contentious issue among the divided electorate this year is the challenge to President Barack Obama’s 2014 executive action on immigration. The Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) was instituted to prevent about 5 million illegal immigrants from deportation, allowing them to stay in the United States.

Obama’s executive order was met with much criticism, and ultimately 26 states filed a lawsuit accusing the commander-in-chief of overstepping his authority and refusing to follow existing federal immigration laws. The Supreme Court announced in January that it would hear the case, which is being led by Attorney General Ken Paxton of Texas.

The executive action applies to parents of anchor babies — children who were born in the United States to illegal aliens. Because of lower court opinions, Obama’s executive order has not yet been implemented, despite the administration’s best efforts. The case reportedly will be heard in April and decided by June.

Since the Republican majority Senate has vowed to refuse to approve a lame duck Obama nomination for the high court, many cases — including DAPA — will likely be heard on an evenly divided Supreme Court. Currently, SCOTUS includes four stalwart liberals and four conservative justices, although Justice Anthony Kennedy is often a swing vote.

Regarding the DAPA case, Hiroshi Motomura — a law professor at the University of California at Los Angeles — said he doesn’t expect Scalia’s death to have a significant impact on the outcome of the immigration case. The state of Texas already won an injunction to freeze the program in lower courts. Consequently, it will rely on conservative justices to ensure those earlier decisions prevail in the Supreme Court. A tie automatically maintains the earlier freeze on implementing the program.

As one of the most conservative justices on the high court, Scalia would very likely not have reversed the lower court’s decision and his absence now will simply result in a tie — unless one of the other conservative justices swing to the left in favor of Obama’s executive action and overrules the Texas court’s freeze of DAPA.

While Obama has the ability to nominate a replacement for Scalia, Georgetown law professor and former U.S. assistant attorney general, Viet Dinh stated that it is “perfectly legitimate for the Senate to take its time confirming.”

As a result, it appears that one of President Obama’s many controversial executive orders will likely remain frozen in time.

R.I.P. Justice Antonin Scalia — you will be missed.

h/t: Foreign Policy

Facebook Comments

Filed Under: Headlines

Please Subscribe

We respect your email privacy

Powered by AWeber Email Marketing

 

Featured Stories

Congress Passes ‘Big, Beautiful Bill,’ Eliminating NFA Taxes on SBRs, Suppressors

New Gun Restrictions, Relief Depends Upon Your State

FOLLOW-UP: NPR Eyes Trump Admin’s ATF Reform Moves

How to Safely Walk Your Dog While Armed

Fed. Judge Says CA Must Allow Non-Residents to Apply for CCW Permits

Sportsmen’s Alliance Presses WA Governor for Commission Dismissals

NY Mayoral Lighting Rod Mamdani a Career Anti-Gunner

Patrick ‘Tate’ Adamiak: ‘Thanks for the Help, New Jersey!’

VIRAL STORIES

Don’t Look Now, But The Clock Is Ticking

Domino Bot Wows Internet

The Soviet Ghost Town Of The Arctic Expanse

These Insects Redefine “The Groove”

Colossal Pizza Slice Marks The End Of An Era

The Hardheaded And Plummeting Ratings Of Sports Television

Escaping The Madness- Where On Earth Does One Go To Avoid Bubonic Politicization?

Driving A Jet Engine Or Racing A Car? Choose Wisely

About Us

Liberty Park Press is an online information website dedicated to providing you with breaking, useful, or interesting information.

Read More

PRIVACY AND TERMS

Welcome to Libertyparkpress.com. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use:
Continue Reading…

CONTACT US

Liberty Park Press
12500 NE 10th Place
Bellevue, WA 98005

Copyright © 2025 · Liberty Park Press Inc · all rights reserved · Log in