Today, June 23, 2016, the U.S. Supreme Court issued an Order merely stating that the Fifth Circuit’s judgment in U.S. v. Texas was affirmed by an equally divided Court.
There was no explanation. There were no opinions issued on the multiple serious and important questions raised in the case.
However, this order allows the continuance of the nationwide preliminary injunction that prevents the Department of Homeland Security from implementing the DAPA, expanded DACA guidance explained in my prior post. There are deep disappointments and consequences for those individuals who would have benefited through DAPA/expanded DACA. But, also, as explained in my prior post, New York State and City (and other states and localities) are significantly harmed by this decision. The case now returns to the district court in Texas.