Document Type
Article
Publication Date
January 2016
Abstract
Author's Note: On June 23, as this article was going to press, the Supreme Court deadlocked 4-4 in U.S. v. Texas, thus affirming a preliminary injunction against implementation of the Obama Administration’s deferred-action program for millions of undocumented immigrants. Because the Court’s terse per curiam decision established no precedent, the questions that the case raised regarding the permissible scope of administrative enforcement discretion remain unresolved on the national level. The Supreme Court will likely consider them again—after a decision on a permanent injunction in the same case, in a similar immigration dispute, or perhaps in another field of administrative law. The issues explored by this article thus remain very much alive.
Recommended Citation
Lewis Grossman,
Enforcement Discretion Under Attack: Implications for FDA,
Administrative & Regulatory Law News
(2016).
Available at:
https://digitalcommons.wcl.american.edu/facsch_lawrev/764