LIEB BLOG

Legal Analysts

Wednesday, June 28, 2023

Scripps News: Supreme Court Allows Biden Administration to Limit Immigration Arrests. Analysis w/ Attorney Andrew Lieb

In a recent interview with Scripps News, Attorney Andrew Lieb provided insights into the Supreme Court's decision to allow the Biden administration to prioritize immigration arrests. Lieb's analysis shed light on the factors influencing the liberal and conservative justices' perspectives, the implications for the states involved, and the broader constitutional considerations arising from the ruling.

Two Approaches to Decision-Making: Lieb noted that the liberal justices likely based their decision on a broader consideration of immigration policy as a whole. Conversely, the conservative justices focused on history and tradition, drawing parallels to previous cases like Dobbs v. Jackson that overturned Roe v. Wade. This dichotomy highlighted how different groups of people can arrive at the same conclusion through distinct approaches.


Standing and State Involvement: Lieb explained that the ruling determined that Texas and Louisiana lacked standing on the issue at hand. This ruling does not indicate support for President Biden's policy or establish the executive branch's ultimate authority. Instead, it signifies that these particular states cannot present their arguments in this specific case.


Implications on a Personal Level: Lieb highlighted that not everyone can realistically be subject to deportation due to limited governmental resources and prioritization. The ruling allows the Biden administration greater flexibility in implementing its immigration policies.


Constitutional Considerations: Lieb underscored the importance of historical perspectives and past interpretations in cases brought before the conservative-leaning Supreme Court. He emphasized that a deeper understanding of history is crucial when presenting a case to this particular Court.


Tightened Rules for State Challenges: The ruling against the states by SCOTUS has resulted in tightened rules concerning when states may challenge federal policies they disagree with. This development clarifies the parameters for state involvement in legal challenges to federal decisions.