Dean Johnson Comments on Supreme Court Immigration Case for Talking Points Memo

Dean Kevin R. Johnson commented for an article in Talking Points Memo concerning United States v. Texas, the lawsuit filed by Texas and 25 other states opposing President Obama's executive orders on immigration known as Deferred Action on Childhood Arrivals (DACA) and Deferred Action for Parents of Americans (DAPA) and now under consideration at the U.S. Supreme Court.

The death of Justice Antonin Scalia, who was expected to side with a conservative majority against the administration, has probably increased the administration's chances of winning, Dean Johnson said.  But if the short-handed Court splits 4-4 on the issue, it would leave in place a lower court order blocking implementation of the plan--a decision that probably would stand at least until after President Obama's term in office expires.

"I see a 4-4 split as a victory for the states because it is going to run out the clock on the Obama administration," Johnson said.

Kevin R. Johnson is Dean and Mabie-Apallas Professor of Public Interest Law and Chicana/o studies at UC Davis School of Law. He is an internationally recognized scholar in the fields of immigration law and policy, refugee law, and civil rights.