William Katz:  Urgent Agenda

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SUPREME TROUBLE FOR OBAMA? – AT 10:51 A.M. ET:   Is the Supreme Court about to deliver a blow to Obama's blatant power grabs?  From NBC:

The U.S. Supreme Court agreed Tuesday to take up the Obama administration's proposed new immigration plan that could shield more than four million people from deportation.

If the court rules by this spring in favor of the White House, President Obama could begin putting the changes into effect during his final months in office. But if the administration loses, court battles could keep the program on hold for several more years.

The new policy would allow adults here illegally to remain if they have children who are US citizens or lawful permanent residents. It would also expand a program, begun four years ago, that allows young people to remain in the US if they were brought here under age 16, provided they meet educational or military service requirements.

Both changes have yet to go into effect, blocked by lower court rulings in a lawsuit brought by Texas and 25 other states. They said provisions of the new policy would allow people to get work permits and other benefits, resulting in higher costs of accommodating those who remain in the US.

Texas argued that it would be saddled with millions of dollars in additional expenses to issue drivers licenses to an estimated half a million parents who could be eligible in the state.

Lower federal courts last year agreed and put a hold on the new plan. The rulings said that because the changes were so significant, the administration should have sought public comment first. Failing to do so, they declared, was illegal.

At the heart of the case is this question: is the administration's proposal simply a change in priorities for enforcing immigration law or something more?

The justices also directed lawyers for both sides to address an additional question -- does the policy violate the Constitution's "take care" clause.

That's the provision that requires the president to "take care that the laws be faithfully executed." The challenger states argued in the lower courts that the policy was unconstitutional, because it failed to conform to a rigorous enforcement of immigration laws.

COMMENT:  A critical case, although the end of the Obama administration will probably have more effect on immigration policy than the Supreme Court's decision.   Immigration is one of the most divisive issues in the campaign.  Whichever way the Court decides will create an uproar.

January 19, 2016