The Obama administration has asked the Supreme Court to rehear the case over President Obama’s executive orders to aid some undocumented immigrants. The court, absent one justice, deadlocked this spring, leaving the lower court’s decision to block the orders in place, but not deciding the law.
Barring a September miracle, there won’t be nine justices in October. There probably won’t be nine judges until February or March. There may or may not be four justices who are willing to take the case on again in the new session. So there are a lot of “ifs” here, but the Justice Department argues that “As this Court recognized in granting certiorari, this Court instead should be the final arbiter of these matters through a definitive ruling….here is a strong need for definitive resolution by this Court at this stage.”
What the request really highlights is that the Supreme Court remains broken, and it’s broken thanks to Senate Republicans.
By Joan McCarter for Daily Kos
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