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Taking Stock with Kathleen on Bluebird Radio. Evenly divided. That's what the U. S. Supreme Court is over President Barack Obama's plan to shield as many as four million unauthorized immigrants from deportation. This is a deadlock. The effectively kills the initiative for the rest of the president presidency. Joining us now our own legal expert, June grass So. She's the creator and host of Bloomberg Law, which you can hear weekdays at four thirty pm Wall Street Time on
Bloomberg Radio. Tune Welcome to show. It's a treat to have you here. To be here, Kathleen and pim So the decision tell us about it, Well, there's not much to say about the decision itself, because all the nation knows is one simple sentence that the court was unable to come to a conclusion. They were divided four to four. And what that means is that the lower court decision.
This means that a decision of one judge in Texas and three judges on the appellate court of the Fifth Circuit, which is the most conservative circuit almost you can say, or most conservative circuit in the country, have basically decided immigration for President Obama's term. Because this is the end of his immigration initiatives. What does this due to his pledge for a comprehensive immigration overhaul, Well, he can't. He
can't do it. He absolutely can't do it. He has six months left, he can't have any more tries and executive action. Because that's what struck that's why this was struck down. The court below said that he didn't have the authority to do what he did, and also he has a Congress that is not going to help him out. So basically, and you could see in his press conference today that he was disappointed, he was frustrated, He also mentioned why we need a ninth justice here, we need
to appoint a ninth justice. But it's really not up to him anymore. And I think that he was looking at this as something to mark his his presidency. Well, that's all well and good, but you know what, they're all laws. And I guess that's why the where I got the Supreme Court, because there's so much great area the present in fact saying this program just a broader exercise of my accepted power to set priority priority and
who should be deported. Other people saying are other people in Congress probably Republicans, or that he was offering amnesty to people who broke the law to and to ermine in the country. When you're as a legal expert, how does the law look to you? Miss Grosso? To me, if this would fit within an executive action, what he was doing was for three years allowing people whose who are the parents of either citizens or Green card holders to get work visas for three years. That's that's all
it was. To me either, that seems like it's within the executive function. Another thing is the Supreme Court could have found ways around this. For example, there was a question of are these states like Texas really being injured by this. They said, well, we have to pay for driver's license. Is that enough of an impact for them to go before the Supreme Court? And the ruling was so broad for one judge to rule for the entire country. That is a broad rule. You don't see that very often.
June a win for affirmative action. Rustic was upholding race conscious admissions. Big surprise there. That's a big surprise. And the reason it's a surprise is because Justice Kennedy, who his entire career has been voting against affirmative action, turned and decided to vote for affirmative action. That's why he wrote the majority opinion, because he was the swing vote there, and you saw a dissent from Justice Alito of fifty pages that was scathing and he very disappointed in the majority,
saying what happened to our law here? But the point is too that the University of Texas program is enough of a hybrid and there's enough going on there that Justice Kennedy could see his way clear for that. But that was huge surprise. So what does that mean in real terms? Now? If I didn't get accepted, can I the woman who didn't get accepted has already been in through a school at another school. This is the second
time it's been up there. It's very it's a very confusing area because it's very fact specific, so we don't have a guideline for what other schools can do as far as affirmative action is concerned. But if they have an open program like this for example, Texas program, they automatically take the top ten percent of all the high schools in the states, So that is a way of showing that they're they're not They only consider race in certain circumstances, in certain instances, so that was open enough
for the court. And you have to really look at each case individually, which is why affirmative action is at the courts over and over and over again. Drunk driving drunk driving basically, and it was three consolidated cases, so
pretty complicated. The bottom line is that police need a warrant if they want you to take a test a blood test for alcohol for drunk driving, and that entails, you know, taking you to another place a hospital, So the justice is thought that was intrusive and also taking your blood, whereas if they want you to take a breathalyzer test, that's something they can do without a warrant, because there was a lot of talk about how that's just blowing into a breathalyzer. Not a big deal, Thank
you very much. Always a big deal when you join us. Oh, it's a pleasure. Look forward to more. June Grosso, legal expert and yes host of Bloomberg Law on Bloomberg Radio weekdays at a four thirty Wall Street time. You're listening to taking Stock, I'm pim Fox, my co host Kathleen Hayes, and this is Bloomberg Radio. Thank Bloomberg. Taking Song is brought to you by the accountants and advisors at Eisenery Amper.
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