Immigration Law Kansas CityBecause currently there is an even number of Supreme Court justices (8), it is possible that the Court would not reach a majority decision in the case. If that were to happen, the decisions of the lower courts would remain in place.

Because the Fifth Circuit Court of Appeals ruled that the district court order blocking the implementation of DACA+ and DAPA should remain in place, the two initiatives would remain blocked. It is unclear whether, following such a result, there would be any further proceedings in the case in the lower courts. It’s possible that there could be, since the lower court decision that the Supreme Court is reviewing is one that granted a preliminary injunction, the type of decision that usually comes early in a case.

If the Supreme Court does not reach a majority decision in the case, it is also possible that it could decide to schedule the case for re-argument at a later time when it again has nine justices.

But, in the event of a 4-4 tie, the DACA+ and DAPA initiatives would remain blocked and the federal government would not be allowed to move forward with their implementation, unless some future development or decision reverses the Fifth Circuit’s ruling that the initiatives should remain blocked.”