From Scotublog: United States v. Texas

The court upheld a preliminary injunction issued by a federal judge in Texas temporarily halting the president's Deferred Action for Parents of Americans and Lawful Permanent Residents program. No substantive decision was made about why it did so, meaning - as I see it - the question about whether the president exceeded - in fact - his authority still needs to be fleshed out. In addition, if he did, how?

- Click here for the summary from Scotublog.

- For facts of the case, click here for Oyez's page on it.

This is the list of the issues raised by the case:

(1) Whether a state that voluntarily provides a subsidy to all aliens with deferred action has Article III standing and a justiciable cause of action under the Administrative Procedure Act (APA) to challenge the Secretary of Homeland Security’s guidance seeking to establish a process for considering deferred action for certain aliens because it will lead to more aliens having deferred action;

(2) whether the guidance is arbitrary and capricious or otherwise not in accordance with law;

(3) whether the guidance was subject to the APA’s notice-and-comment procedures; and

(4) whether the guidance violates the Take Care Clause of the Constitution, Article II, section 3.

For background on some terms used above:

- Standing.
- Arbitrary and Capricious.
- Administrative Procedures Act.
- Take Care Clause.