Walter Dellinger Quoted in The New York Times on US v. Texas

April 18, 2016

O’Melveny partner Walter Dellinger was quoted in The New York Times on United States v. Texas, a challenge by 26 states to President Obama’s executive action on immigration, now before the US Supreme Court.

In its April 18, 2016 article, “Focus on Chief Justice as Supreme Court Hears Immigration Challenge,” The New York Times suggests Chief Justice Roberts’ record may indicate that he will focus on the question of whether the states challenging the immigration plan have the standing to sue.

Texas has based its claim to standing on the budget shortfalls it would face if immigrants applied for drivers licenses. But Dellinger, whose views on standing Chief Justice Roberts has cited in an earlier case, as The Times observed, wrote in his brief that such “self-imposed ‘injury’ has never provided a ticket to federal court.”

“Mr. Dellinger said a rigorous approach to standing was consistent with Chief Justice Roberts’s statement at his confirmation hearings that judges should aspire to be umpires, whose only job is to call balls and strikes,” The Times reported.

“Before any judge begins calling balls and strikes,” Dellinger told the Times, “he must first make sure the batter at the plate is an actual player and not just a fan who ran on the field.”

Mother Jones and Vox also cited Dellinger’s amicus brief in the case. Politico reported that O’Melveny is helping to represent three undocumented immigrants from South Texas making an appeal before the court.