Immigration Case Deserves Another Day in the Supreme Court

The 4-4 split on the Obama administration's executive action needs the finality of a full-court ruling.


Photographer: Yin Bogu/Xinhua News Agency/Getty Images

The Obama administration has asked the Supreme Court to wait until it has nine justices and rehear U.S. v. Texas, the case in which a 4-4 court affirmed a lower court’s decision to block the president’s executive action on immigration. The effort is unlikely to succeed, because the court’s rules require a majority to grant rehearing, and right now the court doesn’t have one. But in a more logical world, the court would agree now to reconsider this extremely important case, which would grant temporary legal status to some 4 million people who entered the U.S. illegally, when it is at full strength. That it probably won’t shows just how dysfunctional an eight-justice court really is.
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