Thomas Lee was quoted in a Law360 article about the U.S. Supreme Court decision in U.S. v. Texas.
Thomas H. Lee, Fordham Law School
“The government will almost certainly petition for rehearing in U.S. v Texas, in which the Supreme Court issued a terse — nine words — per curiam opinion affirming the lower court’s judgment by a 4-4 vote. If Hillary Clinton becomes president, the court will very likely grant the rehearing and reverse. Until then, the order by a Texas federal district judge enjoining President Obama’s executive guidance on deferred action immigrants will stand. That order purported to reach not just the parties before the judge in Texas, but across the entire country — it’s debatable whether a single judge could do this against the U.S. government. I don’t think, however, that the Obama administration will push the point by trying to implement the guidance in other jurisdictions during an election year. So for now, the policy is dead.”
