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Supreme Court

Justices asked to weigh in again on “mixed” questions in immigration appeals

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

When a noncitizen receives a final deportation order from immigration officials, they can appeal their case to federal court – but only under narrow circumstances. This week, we highlight cert petitions that ask the court to consider, among other things, whether courts can review a claim that a person’s deportation … Read the rest

Supreme Court

In major immigration case, both sides look to academia to untangle three knotty questions

Can the Biden administration issue guidelines setting priorities in the enforcement of immigration law? Do states have standing to challenge these guidelines? And if the guidelines are unlawful, does the Administrative Procedure Act give lower courts the power to vacate them — a universal remedy that goes beyond the parties to the case? These are the three questions before the Supreme Court in United States v. Texas, set to be argued on Nov. 29. Legal scholars have addressed … Read the rest

Supreme Court

Tough questions for both sides in dispute over “remain in Mexico” policy

The Supreme Court heard oral argument on Tuesday in the battle over the Biden administration’s efforts to end one of the Trump administration’s signature immigration policies. The lower courts ordered the Biden administration to reinstate the controversial policy, which requires asylum seekers to stay in Mexico while they wait for a hearing in U.S. courts. During nearly two hours of oral argument in Biden v. Texas, the justices appeared torn on whether the Biden administration must maintain the … Read the rest

Supreme Court

Greenhouse gases and “major questions”: Justices to hear argument on EPA’s power to tackle climate change

Three days after President Joe Biden named Judge Ketanji Brown Jackson as his nominee to succeed the retiring Justice Stephen Breyer, Breyer and his colleagues will return to the bench on Monday morning to hear oral argument in a case involving the Environmental Protection Agency’s authority to regulate greenhouse gases. Although the case hinges on a highly technical provision of the Clean Air Act, it nonetheless has the potential to be one of the most consequential cases in a … Read the rest

Supreme Court

Justices decline to halt two executions in Oklahoma amid questions about state’s lethal-injection method

On Wednesday afternoon, in the shadow of reports of Justice Stephen Breyer’s forthcoming retirement announcement, the Supreme Court denied an application to postpone the executions of two Oklahoma men. The brief order, with no recorded dissents, cleared the way for Oklahoma to execute one of the men, Donald Grant, at 11 a.m. EST on Thursday morning. The other, Gilbert Postelle, is scheduled to be executed on Feb. 17.

Oklahoma’s lethal-injection protocol has received increased scrutiny in recent years. Grant … Read the rest