THURSDAY, JUNE 23 U.S. V. TEXAS 4-4 DECISION ALLOWS THE LOWER COURT DECISION TO STAND, LEAVING MILLIONS OF NEWLY IMMIGRATED AMERICAN FAMILIES IN LIMBO, FURTHER DEMONSTRATING THE NEED TO CONFIRM A NINTH SUPREME COURT JUSTICE!
Hilary O. Shelton, Director, Washington Bureau of the National Associations For The Advancement of Colored People/ / Senior Vice President for Advocacy and Policy, issued a statement to express the historical civil rights organization’s extreme disappointment in the United States Supreme Court inability to reach a decision in the case of U.S. v Texas, effectively ending what President Obama hoped would become one of his central legacies.
The issue as hand is on Thursday, June 23, 2016, the US Supreme Court announced that by a 4 –4 vote, it could not come to a decision in the case of U.S. v. Texas, which means that the decision of the U.S. Court of Appeals for the Fifth Circuit controls; in this case, the Fifth Circuit blocked the November, 2014 Executive Order issued by President Obama expanding the Deferred Action for Parents of Americans (DAPA) and Deferred Action for Childhood Arrivals (DACA) programs, which would have allowed additional aspiring Americans to apply for those programs.
Thus, the effect of the Supreme Court’s gridlock is to force millions of aspiring Americans to continue to live in the shadows, in fear of discovery with no recourse.
Not only are we disappointed by the outcome of the Supreme Court’s inaction as it affects applicants for the DAPA and DACA programs, but this situation clearly demonstrates the need for a full complement of nine justices on the Court. By effectively allowing an intermediate appellate court to thwart the President’s policy initiatives, the Supreme Court not only failed to make a decision which could potentially impact the lives of millions of people, but it failed to establish important precedent. It is cases such as this which remind us again that it is the constitutional duty of the President to nominate an individual in the event of a Supreme Court vacancy just as it is the job of the U.S. Senate to provide its advice and consent.
The President has nominated Judge Merrick Garland for the existing vacancy on the Court, but the leadership of the U.S. Senate refuses to hold hearings or a vote.