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

UC Law expert expects the White House to use latest ruling to beat back state challenges

The Supreme Court justices, in a 7-2 ruling last month, said Texas and other Republican-led states couldn't show enough of a burden from Obamacare to be able to sue. According to the Washington Times, that ruling has quickly reverberated across the legal landscape, with the administration rushing to tell lower courts to shut down red-state challenges to President Biden’s immigration policies.

Within hours of that ruling, the Justice Department filed notices in courts from Texas to Arizona arguing that the same principle applies to cases where those states are challenging President Biden’s immigration policies.

Brad Mank, UC Law professor standing in the UC College of Law

Brad Mank, James Helmer Jr. Professor of Law in the UC College of Law

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

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