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Immigration Law

Feds Seek Full Court Rehearing in USA v. Texas

Amy Howe, July 18, 2016 - "The filing by Acting Solicitor General Ian Gershengorn acknowledged that it is “exceedingly rare” for the Court to agree to rehear a case.  But, the Obama administration emphasized, the Court did precisely that in several cases dating back to the first part of the twentieth century, when a vacancy on the Court resulted in an equally divided Court and an order affirming the decision below.  In some of those scenarios, the administration noted, the Court did not hear rearguments for six to eight months after it agreed to rehear the cases.  And in fact, the administration told the Court, in several cases in the late nineteenth century, “several years elapsed between the grant of rehearing and reargument.”"

Lyle Denniston, July 18, 2016- "It will take the votes of a majority of the Court to grant rehearing of the case. But that requirement is made more complex because the Justices had divided four-to-four. Which Justice on which side would be willing to shift a vote to make a majority to grant rehearing?"