Nearly a week has passed since the Fifth Circuit affirmed the injunction against President Obama's executive action on immigration, known as DAPA (Deferred Action for Parents of Americans). After digesting the 70-page majority opinion and 54-page dissent (plus the 11-page DAPA memo that's an appendix), I can say that there aren't any real surprises but we should keep in mind the following points as this case moves forward to the Supreme Court, which I elaborate on forForbes:
- Standing is very important.
- "Justiciability" is similarly crucial.
- The appellate court didn't simply affirm the district court's finding that the executive action violated the Administrative Procedure Act, but also added a further justification, that DAPA exceeds the executive's statutory authority.
For more detailed examinations of the Fifth Circuit ruling, see Josh Blackman's diligent series of posts on standing, justiciability, the procedural claim, the substantive claim, the dissenting opinion generally and on standing and justiciability.
So where do we go from here? Read my Forbes piece.