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Perspective

Jun. 29, 2016

Rewriting law through executive action

As U.S. District Judge Andrew Hanen wrote back in February 2015, DAPA doesn't merely set deportation priorities, but engages in the "affirmative action" of granting benefits to a large class of illegal immigrants. By Ilya Shapiro

Ilya Shapiro

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By Ilya Shapiro

The only surprise from the Supreme Court's 4-4 deadlock regarding President Barack Obama's executive actions on immigration was that it took two months to announce. The conventional wisdom that United States v. Texas would be one of the handful of 4-4 ties in the post-Scalia era looked pretty strong coming out of oral argument.

Two months ago, after an hour and a half of presentations by four different lawyers, plus...

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