pdf

NLJ: O’Melveny’s Dellinger is Amicus in Supreme Court Immigration Case

March 14, 2016

An article in the March 14, 2016, edition of the National Law Journal about the challenge to President Obama’s plan to delay deportation of 5 million immigrants, which is now moving to the US Supreme Court, notes O’Melveny partner Walter Dellinger’s role as an amicus. “As he successfully did three years ago in the same-sex marriage case Hollingsworth v. Perry, former acting Solicitor General Walter Dellinger of O'Melveny & Myers…tackles whether Texas has standing to sue,” the article, “Texas Immigration Case Sparks Appeals,” reports. The article goes on to note that in 2013 the high court agreed with Dellinger’s argument in Hollingsworth v. Perry that supporters of California’s ban on same-sex marriage did not have standing to appeal a federal court decision striking down the ban.

“This time, Dellinger, in a brief written by Joseph Palmore of Morrison & Foerster, contends Texas lacked standing because the injuries asserted by Texas and the other challengers are ‘both self-imposed and non-concrete,’” the article continues. “He also says the policy they challenge is a ‘quintessential case’ of lawful federal enforcement discretion. The dispute ‘must be left to the political process.’ He said a contrary ruling would insert the court into the current ‘political maelstrom.’”