Defunct Justice Scalia was famous for his strict adherence to statutory rules. His decisions have often been anti-immigrantion except in some criminal immigration cases. While being famous and ruthless with his “orthodox” opinions, Justice Scalia has not exactly been favorable to immigrants. For example his dissent from the majority in Arizona v. United States, 132 S.Ct. 2492 (2012) where Arizona passed some very ‘nasty’ laws against immigrants, resonated with the immigration legal community as one of the ‘worse’ dissent ever. He actually agreed with Arizona.
Right now the US Supreme Court will be hearing Texas v. United States, No. 15-674, to uphold a judge’s order invalidating President Obama’s proposed deferred action program. In this case many think Justice Scalia would have actually voted against the President’s decision. As such invalidating this executive order. However, since the US Supreme Court seems to be equally divided even without Justice Scalia there is a chance on a tie that the lower court decision will still be upheld meaning the Texas and other States in the lawsuit will be able to block President’s Obama proposed action.
The New Justice
The new Justice will actually change the face of the United States immigration law among many other laws. Depending if the justice sides with the “Right-Wing” or “Left Wing”, we will know what happens next. A liberal justice will actually help many immigration laws pass while a conservative justice might only be a reflection of justice Scalia. Since the President is a democrat, hopefully he will pick a liberal justice however the US Senate has already begun to block his decision even before he made it.
It is very important that those who care encourages President Obama to actually nominate a justice on the Supreme Court.
We encourage all to sign our petition.