The Supreme Court appeared split today as they listened to arguments from the legal team trying to push President Obama’s amnesty. The justices’ questions and comments over the course of the 90-minute arguments left the possibility of a 4-4 tie — which would represent a defeat for the Obama administration. A split decision also would set no guiding precedent on the use of presidential authority moving forward.
Still, comments by Chief Justice John Roberts helped keep a final decision in doubt, as he suggested a possible quick-fix in a key part of the policy. In doing so, he gave possible hope to the White House and its allies, even if a split decision still appears the most likely outcome.
“We believe at the end of the day, that even though there are only eight justices, there will be enough justices to uphold” the policies, said Sen. Robert Menendez, D-N.J., who is backing the White House.
But Texas Attorney General Ken Paxton, who was also inside the court, warned, “If we allow a president … to make changes in the law without congressional approval, then we will end up with a perverted Constitution.”
Texas is leading 26 states dominated by Republicans in challenging the programs Obama announced in 2014 and that have been put on hold by lower courts.
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