{"bills":[{"photos":{"featured":"https://assets.causes.com/bill/photo/hres639-114/featured_authorizing-the-speaker-to-appear-as-amicus-curiae-on-behalf-of-the-house-of-representatives-in-the-matter-of-u-1458149576.jpg","featured_large":"https://assets.causes.com/bill/photo/hres639-114/featured_large_authorizing-the-speaker-to-appear-as-amicus-curiae-on-behalf-of-the-house-of-representatives-in-the-matter-of-u-1458149576.jpg","shareable":"https://n.causes.com/share-images/bills/hres639-114.png"},"introduced_on":"2016-03-14","title_override":"Does the House Need to File a Legal Brief Opposing the President’s Executive Orders on Immigration?","summary_override":"

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 executive action to implement DAPA violated the Administrative Policy Act because the proposed regulations are contrary to the Immigration and Nationality Act;
That the President violated the Take Care Clause of the Constitution by failing to enforce existing law;
That the guidance is arbitrary and capricious or otherwise not in accordance with law.

","official_title":"Authorizing the Speaker to appear as amicus curiae on behalf of the House of Representatives in the matter of United States, et al. v. Texas, et al., No. 15-674.","short_title":null,"popular_title":null,"short_summary":"(This measure has not been amended since it was introduced. The summary of that version is repeated here.)\n\nAuthorizes the Speaker to appear as amicus curiae on behalf of the House of Representatives in the Supreme Court in the matter of United States, et al. v. Texas, et al., No. 15-674, and to file a brief in support of the position that the petitioners have acted in a manner that is not consistent with their duties under the Constitution and laws of the United States.\n\nRequires the House Office of General Counsel, at the Speaker's direction, to represent the House in connection with the filing of any amicus curiae brief pursuant to this resolution, including supervision of any outside counsel providing services to the Speaker on a pro bono basis for such purpose.","summarized":true,"cost":null,"cost_commentary":"A CBO cost estimate is unavailable.","impact":"The House of Representatives; Speaker of the House Paul Ryan; and the Supreme Court of the United States.","argument_for":"The President’s executive orders on immigration violated both his authority under the Constitution and requirements for implementing regulations. 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Does the House Need to File a Legal Brief Opposing the President’s Executive Orders on Immigration?