DAPA DOWN: The Fifth Circuit on Monday night upheld a nationwide preliminary injunction against President Barack Obama’s immigration action to defer deportations for undocumented parents of permanent residents. By a 2-1 vote, the panel ruled that the 26 states challenging the deferred action policy “have established a substantial likelihood of success” in their claims that the program violates the Administrative Procedure Act. Reuters reports here on the Fifth Circuit ruling, and Politico here.
“The majority’s breathtaking expansion of state standing would inject the courts into far more federal–state disputes and review of the political branches than is now the case,” Judge Carolyn King, the lone Democrat-appointed judge on the panel, wrote in dissent. Judge Jerry Smith, writing for the majority, described as “unpersuasive” King’s “resort to hyperbole.”
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