Analysis

Punted Immigration Cases Put Gorsuch In Tie-Breaker Role

Law360, New York (June 26, 2017, 9:15 PM EDT) -- The Supreme Court’s unusual decision on Monday to hold over two cases for reargument next term could put Justice Neil Gorsuch in a position to cast the deciding vote for a conservative majority on key immigration issues as the court considers President Donald Trump's controversial travel ban.

Chief Justice John G. Roberts rarely holds over cases for reargument, but his court did so in the matters of Jennings v. Rodriguez and Sessions v. Dimaya. These cases respectively deal with the availability of bond hearings for certain immigrants and whether the definition of a “crime of violence” is unconstitutionally vague under immigration...

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