Latest / Bloomberg Intelligence / Bloomberg's Grasso on Supreme Court Immigration Decision(Audio)
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- 1:39Speaker 1: Taking Stock with Kathleen on Bluebird Radio. Evenly divided. That's
- 1:46Speaker 1: what the U. S. Supreme Court is over President Barack
- 1:49Speaker 1: Obama's plan to shield as many as four million unauthorized
- 1:53Speaker 1: immigrants from deportation. This is a deadlock. The effectively kills
- 1:57Speaker 1: the initiative for the rest of the president presidency. Joining
- 2:02Speaker 1: us now our own legal expert, June grass So. She's
- 2:05Speaker 1: the creator and host of Bloomberg Law, which you can
- 2:08Speaker 1: hear weekdays at four thirty pm Wall Street Time on
- 2:11Speaker 1: Bloomberg Radio. Tune Welcome to show. It's a treat to
- 2:13Speaker 1: have you here. To be here, Kathleen and pim So
- 2:17Speaker 1: the decision tell us about it, Well, there's not much
- 2:20Speaker 1: to say about the decision itself, because all the nation
- 2:23Speaker 1: knows is one simple sentence that the court was unable
- 2:29Speaker 1: to come to a conclusion. They were divided four to four.
- 2:32Speaker 1: And what that means is that the lower court decision.
- 2:36Speaker 1: This means that a decision of one judge in Texas
- 2:39Speaker 1: and three judges on the appellate court of the Fifth Circuit,
- 2:43Speaker 1: which is the most conservative circuit almost you can say,
- 2:48Speaker 1: or most conservative circuit in the country, have basically decided
- 2:52Speaker 1: immigration for President Obama's term. Because this is the end
- 2:56Speaker 1: of his immigration initiatives. What does this due to his
- 3:01Speaker 1: pledge for a comprehensive immigration overhaul, Well, he can't. He
- 3:07Speaker 1: can't do it. He absolutely can't do it. He has
- 3:09Speaker 1: six months left, he can't have any more tries and
- 3:13Speaker 1: executive action. Because that's what struck that's why this was
- 3:16Speaker 1: struck down. The court below said that he didn't have
- 3:19Speaker 1: the authority to do what he did, and also he
- 3:23Speaker 1: has a Congress that is not going to help him out.
- 3:26Speaker 1: So basically, and you could see in his press conference
- 3:29Speaker 1: today that he was disappointed, he was frustrated, He also
- 3:35Speaker 1: mentioned why we need a ninth justice here, we need
- 3:38Speaker 1: to appoint a ninth justice. But it's really not up
- 3:41Speaker 1: to him anymore. And I think that he was looking
- 3:44Speaker 1: at this as something to mark his his presidency. Well,
- 3:49Speaker 1: that's all well and good, but you know what, they're
- 3:51Speaker 1: all laws. And I guess that's why the where I
- 3:53Speaker 1: got the Supreme Court, because there's so much great area
- 3:55Speaker 1: the present in fact saying this program just a broader
- 3:58Speaker 1: exercise of my accepted power to set priority priority and
- 4:01Speaker 1: who should be deported. Other people saying are other people
- 4:04Speaker 1: in Congress probably Republicans, or that he was offering amnesty
- 4:08Speaker 1: to people who broke the law to and to ermine
- 4:10Speaker 1: in the country. When you're as a legal expert, how
- 4:11Speaker 1: does the law look to you? Miss Grosso? To me,
- 4:14Speaker 1: if this would fit within an executive action, what he
- 4:17Speaker 1: was doing was for three years allowing people whose who
- 4:23Speaker 1: are the parents of either citizens or Green card holders
- 4:27Speaker 1: to get work visas for three years. That's that's all
- 4:32Speaker 1: it was. To me either, that seems like it's within
- 4:34Speaker 1: the executive function. Another thing is the Supreme Court could
- 4:39Speaker 1: have found ways around this. For example, there was a
- 4:42Speaker 1: question of are these states like Texas really being injured
- 4:46Speaker 1: by this. They said, well, we have to pay for
- 4:47Speaker 1: driver's license. Is that enough of an impact for them
- 4:51Speaker 1: to go before the Supreme Court? And the ruling was
- 4:54Speaker 1: so broad for one judge to rule for the entire country.
- 4:58Speaker 1: That is a broad rule. You don't see that very often.
- 5:02Speaker 1: June a win for affirmative action. Rustic was upholding race
- 5:06Speaker 1: conscious admissions. Big surprise there. That's a big surprise. And
- 5:11Speaker 1: the reason it's a surprise is because Justice Kennedy, who
- 5:15Speaker 1: his entire career has been voting against affirmative action, turned
- 5:20Speaker 1: and decided to vote for affirmative action. That's why he
- 5:24Speaker 1: wrote the majority opinion, because he was the swing vote there,
- 5:28Speaker 1: and you saw a dissent from Justice Alito of fifty
- 5:31Speaker 1: pages that was scathing and he very disappointed in the majority,
- 5:36Speaker 1: saying what happened to our law here? But the point
- 5:40Speaker 1: is too that the University of Texas program is enough
- 5:43Speaker 1: of a hybrid and there's enough going on there that
- 5:46Speaker 1: Justice Kennedy could see his way clear for that. But
- 5:48Speaker 1: that was huge surprise. So what does that mean in
- 5:52Speaker 1: real terms? Now? If I didn't get accepted, can I
- 5:57Speaker 1: the woman who didn't get accepted has already been in
- 6:00Speaker 1: through a school at another school. This is the second
- 6:02Speaker 1: time it's been up there. It's very it's a very
- 6:05Speaker 1: confusing area because it's very fact specific, so we don't
- 6:10Speaker 1: have a guideline for what other schools can do as
- 6:13Speaker 1: far as affirmative action is concerned. But if they have
- 6:15Speaker 1: an open program like this for example, Texas program, they
- 6:19Speaker 1: automatically take the top ten percent of all the high
- 6:24Speaker 1: schools in the states, So that is a way of
- 6:27Speaker 1: showing that they're they're not They only consider race in
- 6:29Speaker 1: certain circumstances, in certain instances, so that was open enough
- 6:33Speaker 1: for the court. And you have to really look at
- 6:35Speaker 1: each case individually, which is why affirmative action is at
- 6:39Speaker 1: the courts over and over and over again. Drunk driving
- 6:45Speaker 1: drunk driving basically, and it was three consolidated cases, so
- 6:49Speaker 1: pretty complicated. The bottom line is that police need a
- 6:54Speaker 1: warrant if they want you to take a test a
- 6:57Speaker 1: blood test for alcohol for drunk driving, and that entails,
- 7:02Speaker 1: you know, taking you to another place a hospital, So
- 7:05Speaker 1: the justice is thought that was intrusive and also taking
- 7:08Speaker 1: your blood, whereas if they want you to take a
- 7:11Speaker 1: breathalyzer test, that's something they can do without a warrant,
- 7:14Speaker 1: because there was a lot of talk about how that's
- 7:16Speaker 1: just blowing into a breathalyzer. Not a big deal, Thank
- 7:19Speaker 1: you very much. Always a big deal when you join us. Oh,
- 7:21Speaker 1: it's a pleasure. Look forward to more. June Grosso, legal
- 7:24Speaker 1: expert and yes host of Bloomberg Law on Bloomberg Radio
- 7:28Speaker 1: weekdays at a four thirty Wall Street time. You're listening
- 7:32Speaker 1: to taking Stock, I'm pim Fox, my co host Kathleen Hayes,
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