Texas has continued to deploy gamesmanship in its quest to avoid having the Supreme Court hear the Obama Administration’s appeal on its currently blocked Immigration Executive Actions. Texas’ latest filing with the Supreme Court comes after a procedural win for the Obama administration, which successfully opposed the state’s request for an extension to respond to the appeal. The obvious goal of the last stunt by Texas was aimed at pushing the case outward to stall resolution until after the presidential election, or as it is being referred to, “running out the clock”. The stall tactic attempt by Texas was widely viewed as an attempt to game the clock and prevent the Supreme Court from acting in the case before its current term ends in June, however the court instead set a deadline for the state to respond by Tuesday.
Complying with the deadline the court set earlier this month, Texas this time around aimed to keep its prior victories firmly in place by urging the Supreme Court justices not to take the case at all, arguing that their initial court order preventing the programs from moving forward plus an appeals decision affirming should create a final resolution. Texas of course failed to mention that it was the same 3 judges who heard the appeal that ruled on the initial injunction. Texas initially sued to challenge the constitutionality of the DAPA and DACA executive actions last December, and shortly after, 25 other predominantly GOP states joined the lawsuit, which has kept the Obama Administration’s policies in limbo ever since. Other states, cities and national lawmakers joined briefs in support of DAPA and the expanded DACA, arguing the policies are beneficial to the economy, public safety and those who currently live in the U.S.
If the Supreme Court does add the Immigration Appeal case to its docket, it would join other big cases already under consideration such as cases on abortion, affirmative action and the future of public unions.
