Washington Times: Biden administration using Supreme Court’s Obamacare ruling to justify border policies

Brad Mank, James Helmer Jr. Professor of Law at UC Law is quoted in the Washington Times story, saying it’s usually difficult to say how a high court ruling on standing will affect other cases.

He said he does expect the Biden administration to try to use the latest ruling to shoot down state challenges.

“I expect some lower court judges will rely on California v. Texas to dismiss immigration challenges if they are sympathetic to the Biden administration’s policies. But I think that Arizona and Montana’s standing arguments would still probably prevail with the current Supreme Court,” he said.

“A future Supreme Court with more appointees by Democratic presidents might use California v. Texas to narrow the ability of states to sue the federal government. But standing doctrine is complicated and can be manipulated to either deny or grant standing as the Supreme Court chooses to do in a particular case,” he said.

Read the entire story here. 

Lead image of immigrants getting off a bus in Hidalgo, Texas/Delcia Lopez/The Monitor