This resolution would authorize the Speaker of the House Paul Ryan (R-WI) to file an amicus curiae brief with the Supreme Court on behalf of the House of Representatives related to the case United States v. Texas. That case deals with the constitutionality of the Deferred Action for Parents of Americans (DAPA) program, which provides a renewable work permit and exemption from deportation to parents whose children are U.S. citizens or legal residents, but the parents aren’t legal residents. The Court will hear oral arguments in the case in April 2016 with a final ruling expected to be issued by the end of June 2016.
An amicus curiae — literally “friend of the court” in Latin — brief can be filed by any person who is not a party to a legal case that wishes to offer information relevant to the case or express concerns about the effects of a possible decision. It is not unusual for members of Congress to file such a brief, but it is usually done individually rather than as a legislative body (though nothing would prevent lawmakers from submitting individual briefs).
Speaker Ryan’s amicus brief on behalf of the House would be in support of Texas and the 25 other states that sued the Obama administration’s over its executive orders on DAPA, on the grounds that the President exceeded his constitutional authority. The legal case against DAPA revolves around four primary contentions:
The implementation of DAPA violated legal requirements for implementing regulations by failing to comply with public notice and comment requirements;
That the guidance is arbitrary and capricious or otherwise not in accordance with law.