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- James Huffman, Dean Emeritus of Lewis & Clark Law School
- Dan Meek, public interest attorney, Co-chair, the Independent Party of Oregon
On Tuesday, May 26, the Fifth Circuit Court of Appeals denied a request from federal government lawyers to overturn a lower court injunction, and to thereby allow President Barack Obama's immigration actions to go into effect pending appeal. What now are the legal effects of the President’s immigration actions? What are the possible next steps in the litigation? These and other questions will be answered on this Teleforum Conference call.
On May 18, 2015, the Supreme Court issued its decision in City and County of San Francisco v. Sheehan. This case asks two questions. The first is whether law enforcement officers are required by the Americans with Disabilities Act to accommodate a mentally ill suspect who is armed and hostile while they are bringing the suspect into custody. The second question is whether it was clearly established that even where an exception to the warrant requirement applied, an entry into a residence could be unreasonable under the Fourth Amendment by reason of the anticipated resistance of an armed and violent suspect within.
In an opinion delivered by Justice Alito, by a vote of 6-2, the Court dismissed the grant of certiorari on the first question as improvidently granted. On the second question, the Court held that the officers were entitled to qualified immunity from suit because they did not violate any clearly established Fourth Amendment rights. The Chief Justice and Justices Kennedy, Thomas, Ginsburg, and Sotomayor joined Justice Alito's majority opinion. Justice Scalia filed an opinion concurring in part and dissenting in part, joined by Justice Kagan. Justice Breyer took no part in the consideration or decision of the case. The judgment of the Ninth Circuit was reversed in part and the case remanded.
To discuss the case, we have Tom Gede, who is a principal in Morgan Lewis Consulting LLC and of counsel to Morgan, Lewis & Bockius LLP.
Is there a way out of the morass on immigration policy that is consistent with conservative principles but allows for a solution to the problems created by outdated and largely unenforceable current laws? Some argue that our current illegal immigration problem is largely the result of laws that prevent willing workers who are foreign born to be matched with U.S. employers who seek the skills they offer at both the high and low end of the skills spectrum. Others are loath to give illegal immigrants a path to citizenship, seeing it as an endorsement of the evasion of the rule of law, and an incentive to future illegal immigration.