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The impassioned election-year debate over President Obama’s immigration executive actions lands Monday before a short-handed Supreme Court, where justices will consider a fundamental question: how much power does the president truly have?
The justices plan to hold 90 minutes of oral arguments dealing with Obama’s bid to spare millions of illegal immigrants from deportation.
A coalition of states calls it an executive power grab. "President Obama's executive action is an affront to our system of republican self-government," said Sen. Orrin Hatch, R-Utah, who supports those states.
But the White House contends the president’s authority is clear, and the policies humane and reasonable. Obama has promoted his program as a plan to "prioritize deporting felons not families."
It’s a case that will be closely watched in an election season where Republican front-runner Donald Trump has made immigration enforcement a centerpiece of his campaign. The outcome also could have considerable bearing on Obama’s legacy, potentially determining whether his lame-duck bid to go around Congress is upheld or ruled an overreach.
At issue Monday is whether as many as 5 million illegal immigrants can be spared deportation -- including those who entered the U.S. as children, and the parents of citizens or legal residents. The programs -- known as Deferred Action for Parents of American Citizens and Permanent Residents (DAPA) and Deferred Action for Childhood Arrivals (DACA) -- effectively went around the Republican-led Congress.
Opponents, including 26 states and GOP members of Congress, say the plan exceeds constitutional power.
A federal appeals court earlier had struck down DAPA, which has yet to go fully into effect. The Justice Department then asked the high court for a final review, in what could be a key test of Obama's executive powers his last year in office.
The decision to review the case was welcome on both sides of the aisle.
"The Constitution vests legislative authority in Congress, not the president,” said Hatch, urging the justices to rule against the administration.
But the White House voiced confidence the policies would be upheld.
