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In November 2014, President Obama announced an executive action known Deferred Action for Parents of Americans and Lawful Permanent Records program, or DAPA for short. Texas and 26 other states challenged DAPA in court, asserting that it violated provisions of administrative law, and the President’s duty to take care that the laws be faithfully executed. The district court agreed, and granted a preliminary injunction halting DAPA. The 5th Circuit Court of Appeals affirmed, and now the case is before the Supreme Court.
This morning, the Supreme Court will hear oral arguments in the case. In this video, I explain the three primary issues the Court will confront. First, whether Texas suffered a sufficient injury to warrant standing. Second, whether DAPA complies with the procedural and substantive requirements of the Administrative Procedures Act. Third, whether DAPA violates the President's duty to take care that the laws are faithfully executed.
Professor of Law, South Texas College of Law Houston
Biography
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.