Procedural Posture of DAPA & DACA2

On 11/20/2014, President Obama issued two executive orders (EO) relating to DAPA & DACA2. DACA2 should have been implemented on 02/18/2015 and DAPA to be implemented on 05/20/2015. On 02/16/2015, a Federal Judge in Brownsville, Texas issued an order blocking both EO. See Texas v. United  States(U.S).  U.S. filed an appeal to the 5th Circuit Court of appeals for review of the Injunctive Order. The 5th Circuit sided with Texas and Affirmed the Injunctive Order. On two occasions, the 5th Circuit sided with Texas. U. S. filed an Appeal to the United States Supreme Court (“Supreme Court” or “SC”).  See United States v. Texas. At the SC, the court reviews cases under a doctrine called Writ of certiorari. A writ of certiorari is an order a higher court issues in order to review the decision and proceedings in a lower court and determine whether there were any irregularities. When a court issues a writ or certiorari it is referred to as "granting certiorari", or 'cert.' The SC granted Cert in U.S. v. Texas,  and the matter will be argued on April 18, 2016. No one knows how the case will be decided. Some believe it will be a 50/50 (a 4-4 decision). If this is the case, the 5th Circuit Court of Appeals decision will stand. It is believed that the SC could delay a decision beyond June 30, 2016 It is also believed that if there is a 4-4 vote, the SC could pick up the issue in the future.  The death of Justice Scalia may have changed the dynamics of the SC’s decision.

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