As I stated in a previous post, on November 20, the Obama Administration’s Department of Justice asked the Supreme Court to review the 5th Circuit’s decision to allow the injunction against DAPA to stay in place.
On November 23, the attorney representing the opponents of DAPA asked for a 30-day extension to reply to the Obama Administration’s request. If the Supreme Court grants the extension, then the opponents’ reply would be due on January 20, 2016. That might be too late for the Supreme Court to decide the case by June 2016.
On November 24, the Obama Administration presented an opposition to the request for a 30-day extension, suggesting an 8-day extension instead. If the Supreme Court granted an extension of 8 days, it would make more likely the possibility that the Supreme Court would address the case and issue a decision by June 2016.
The Obama Administration also stated that if the Supreme Court grants the 30-day extension, then the Obama Administration will seek to have the case handled on an expedited basis, which would mean requesting a rare May oral argument, so that the Supreme Court could still issue a decision by June 2016. Usually the Supreme Court completes oral arguments in April, and then prepares and issues all remaining decisions in May and June.
Stay tuned for the Supreme Court’s response to these requests.