Lyle Denniston

Feb 24 2015

Texas judge won’t rush states on immigration

The federal judge in Texas who put the Obama administration’s new immigration policy on hold last week decided not to rush on the government request to move swiftly. On Tuesday, he gave the challenging states a full week to reply. The government on Monday had asked that he decide the issue in only two days.

Justice Department lawyers had told U.S. District Judge Andrew S. Hanen of Brownsville that if he did not act on the delay request by Wednesday evening, it would go to an appeals court for a postponement. The judge seems to have responded by, in effect, calling the government’s bluff.  Next move: the government’s.

The 26 states who are so far winning the case against the new deferred-deportation policy had told the judge that they should be given at least a week to respond.  The judge obviously agreed, telling them to file their legal comments on the postponement request by the close of business next Tuesday.

Lyle Denniston continues to write about the U.S. Supreme Court, although he “retired” at the end of 2019 following more than six decades on that news beat. He was there for three revolutions – civil rights, women’s rights, and gay rights – and the start of a fourth, on transgender rights. His career of following the law began at the Otoe County Courthouse in his hometown, Nebraska City, Nebraska, in the fall of 1948. His online, eight-week, college-level course – “The Supreme Court and American Politics” – is available from the University of Baltimore Law School, and it is free.

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