Off the Kuff Rotating Header Image

SCOTUS denies 30-Day Extension in Immigration Case



The Supreme Court on Tuesday granted twenty-six states an extra eight days to file their response to the Obama administration’s appeal in defense of its broad new immigration policy. That extension — considerably less than the added thirty days the states had sought — makes it more likely that the case, United States v. Texas, will go before the Justices this Term.

The Court did not release a separate order on the issue, but Supreme Court Clerk Scott Harris simply notified the lawyers in the case that the normal thirty days for a brief in opposition would be extended by eight days — until December 29.


The states opposed to the new delayed-deportation policy had asked the Court to give them twice the usual time to respond. The administration, however, was opposed to that, but it told the Court that it would not oppose an eight-day extension, which is what the Court chose to grant.

The action by the Justices is not an agreement to review the case. That will be decided only after the preliminary filings are in.

Solicitor General Donald B. Verrilli, Jr., had told the Court on November 24 that, if the states were given an extra eight days and they actually did meet that deadline, the government would be willing to consider forgoing its right to file a reply brief. That would mean, Verrilli said, that the Court could consider the case at its private Conference, scheduled for January 15. In turn, he added, the Court could decide the case this Term “in the ordinary course if the Court grants review.”

If the Court were to put the case on the January 15 list, and agree at that time to decide it, it could be heard in April and decided before the summer recess. Verrilli had said that, if the schedule got delayed by a longer extension for the states’ filing, the case even if granted would probably not be heard until a special sitting in May. The Court normally finishes hearing cases in a Term in April, and does not like to go beyond that schedule.

See here, here, and here for the background. I’m pleased by this and hope it leads to the April hearing that the feds have requested. A statement from the Texas Organizing Project is beneath the fold, and the Trib and ThinkProgress have more.

Supreme Court Right to Reject Texas’ Stalling Attempt
Immigrants deserve prompt hearing on President Obama’s executive actions

The following is a statement from Danny Cendejas, TOP’s immigration campaign field director, on the Supreme Court’s rejection of Texas’ request for a 30-day extension to respond to the Department of Justice’s appeal on the lawsuit that is blocking the implementation of President Obama’s 2014 deferred action initiatives:

“We applaud the Supreme Court for seeing through Texas Solicitor General Scott Keller’s request and rejecting it as a blatant attempt to stall the lawsuit.

“The states fighting temporary relief for undocumented mothers, fathers and young people are clearly trying to delay the case as long as they can with the hope that a new president will undo President Obama’s executive orders. They want to leave the nearly 5 million people who would qualify for relief in danger of deportation and being separated from their loved ones, and vulnerable to exploitation by their employers.

“But their stalling tactics will only get them so far. We are confident that the Supreme Court will uphold the President’s actions as constitutional, and give our families the relief they so urgently deserve.”

Related Posts:

Comments are closed.