Demonstrators outside the U.S. Supreme Court in Washington, D.C., during oral arguments in the consolidated cases Department of Homeland Security v. Regents of the University of California, on Nov. 11, 2019. (Photo: Diego M. Radzinschi/ALM)
A week after the U.S. Supreme Court cited the so-called major questions doctrine in limiting the Environmental Protection Agency’s regulatory power, the state of Texas is attempting to use the same tool to undercut a key immigration policy championed by Democrats.
Ahead of a Wednesday hearing in a lawsuit challenging the Obama-era Deferred Action for Childhood Arrivals policy, Texas Solicitor General Judd E. Stone II sent a letter to the U.S. Court of Appeals for the Fifth Circuit urging the panel to use last week’s ruling to strike the policy. The justices last week in West Virginia v. the EPA, limited the EPA’s ability to regulate greenhouse gasses from power plants and endorsed the doctrine, which states that agencies need explicit authorization from Congress to make decisions of “vast economic and political importance.”
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