Just as I predicted last month when the Obama administration appealed the 5th Circuit Court of Appeals immigration ruling to SCOTUS:
Of course, any one of the 26 “Red State” plaintiff’s that brought this case can request a delay for additional time to respond to the appeal, negating the administration’s timely filing.
Any delay could kick this case into the Court’s next term beginning in October 2016. The appeal would not be decided until after a new president takes office in January 2017. I fully expect the Red State respondents to play this delay gambit.
Texas, of course, requested for an additional 30 days to play this delay gambit. Surprisingly the Justices said “no” (we know what you are up to) and granted only an additional eight days, which means it is now more likely that the U.S. Supreme Court — if it grants the appeal — will hear this case in late April and render a decision in late June.