Blackburn Applauds United States v. Texas Decision

Press Release

Date: June 23, 2016
Location: Washington, DC
Issues: Legal Immigration

Congressman Marsha Blackburn (R-TN) issued the following statement in response to the Supreme Court's 4-4 decision in United States v. Texas, which upholds the lower court's decision that the president's use of executive action to grant amnesty to illegal immigrants is unlawful:

"Today's Supreme Court decision proves that Congress should pass and the President should sign H.R. 5272, the Blackburn-Cruz DACA language.

"For years I have fought to pass legislation to end the DACA program. This is a win for the Constitution and for the American people. President Obama's use of a pen and phone to rewrite immigration laws from the oval office to implement executive amnesty was lawless from day one. SCOTUS has sent King Obama a powerful message," Blackburn said.

Background

As part of the Department of Homeland Security Funding bill last year, the House approved, by a vote of 218-209, Congressman Blackburn's proposal to freeze the Deferred Action for Childhood Arrivals (DACA) program. The House first approved her legislation, H.R. 5272, which would also prevent President Obama from taking future executive actions to expand amnesty for illegal aliens, on August 1, 2014 by a vote of 216-192.

On January 19, the Supreme Court agrees to hear United States v. Texas, but adds its own question for the parties to consider: Did the president's actions violate his constitutional duty to "take care that the laws be faithfully executed"?

On March 1, Speaker Ryan announces that he will ask the House, as an institution uniquely qualified to answer the Court's question, to vote on a resolution authorizing him to file a brief defending Article I: "The president is not permitted to write law--only Congress is."

On March 17, the House adopts H. Res. 639, authorizing Speaker Ryan to file a brief. Speaking on the floor shortly before the vote, Ryan says, "Members who are making immigration policy arguments are missing the entire point here. This comes down to a much more fundamental question. It is about the integrity of our Constitution."

On April 4, the House files its brief, setting forth why Congress--and only Congress--is empowered to write the laws.

On April 8, the Supreme Court grants the House's request for 15 minutes of time during oral arguments. Erin Murphy, partner at Bancroft, PLLC will argue on behalf of the House, which is being represented pro bono in this matter.

On April 18, the House of Representatives presented its oral argument to the Supreme Court.


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