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Justice Dept. Petitions Supreme Court for Rehearing of U.S. v. Texas


The Department of Justice (DOJ) petitioned the Supreme Court on July 18, 2016, to rehear U.S. v. Texas when a ninth Supreme Court justice is confirmed. The Court’s deadlock in that case blocked the Obama administration’s Deferred Action for Parents of Americans (DAPA) program, which would have allowed undocumented persons who are the parents of U.S. citizens and lawful permanent residents to apply to remain in the United States and work.

In the petition, Acting Solicitor General Ian Gershengorn argued, among other things, that “there is a strong need for definitive resolution by this Court at this state.” DOJ said that the Court “should grant rehearing to provide for a decision by the Court when it has a full complement of Members, rather than allow a nonprecedential affirmance by an equally divided Court to leave in place a nationwide injunction of such significance.” Although rehearings are uncommon, the petition noted that they have been granted in some cases where a Court vacancy resulted in a tie.

If the rehearing is granted, it is unlikely to occur for some time.

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