WEBVTT - Bloomberg's Grasso on Supreme Court Immigration Decision(Audio)

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<v Speaker 1>Here he is Bill Maloney. Good afternoon, and Charlie, like

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<v Speaker 1>I'm Bill Maloney, Charlie all right, thank you very much,

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<v Speaker 1>Bill Maloney, And to hear live breaking news over your

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<v Speaker 1>Charlie Public. That's a Bloomberg business flash. You're listening to.

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<v Speaker 1>Taking Stock with Kathleen on Bluebird Radio. Evenly divided. That's

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<v Speaker 1>what the U. S. Supreme Court is over President Barack

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<v Speaker 1>Obama's plan to shield as many as four million unauthorized

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<v Speaker 1>immigrants from deportation. This is a deadlock. The effectively kills

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<v Speaker 1>the initiative for the rest of the president presidency. Joining

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<v Speaker 1>us now our own legal expert, June grass So. She's

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<v Speaker 1>the creator and host of Bloomberg Law, which you can

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<v Speaker 1>hear weekdays at four thirty pm Wall Street Time on

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<v Speaker 1>Bloomberg Radio. Tune Welcome to show. It's a treat to

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<v Speaker 1>have you here. To be here, Kathleen and pim So

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<v Speaker 1>the decision tell us about it, Well, there's not much

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<v Speaker 1>to say about the decision itself, because all the nation

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<v Speaker 1>knows is one simple sentence that the court was unable

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<v Speaker 1>to come to a conclusion. They were divided four to four.

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<v Speaker 1>And what that means is that the lower court decision.

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<v Speaker 1>This means that a decision of one judge in Texas

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<v Speaker 1>and three judges on the appellate court of the Fifth Circuit,

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<v Speaker 1>which is the most conservative circuit almost you can say,

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<v Speaker 1>or most conservative circuit in the country, have basically decided

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<v Speaker 1>immigration for President Obama's term. Because this is the end

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<v Speaker 1>of his immigration initiatives. What does this due to his

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<v Speaker 1>pledge for a comprehensive immigration overhaul, Well, he can't. He

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<v Speaker 1>can't do it. He absolutely can't do it. He has

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<v Speaker 1>six months left, he can't have any more tries and

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<v Speaker 1>executive action. Because that's what struck that's why this was

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<v Speaker 1>struck down. The court below said that he didn't have

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<v Speaker 1>the authority to do what he did, and also he

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<v Speaker 1>has a Congress that is not going to help him out.

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<v Speaker 1>So basically, and you could see in his press conference

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<v Speaker 1>today that he was disappointed, he was frustrated, He also

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<v Speaker 1>mentioned why we need a ninth justice here, we need

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<v Speaker 1>to appoint a ninth justice. But it's really not up

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<v Speaker 1>to him anymore. And I think that he was looking

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<v Speaker 1>at this as something to mark his his presidency. Well,

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<v Speaker 1>that's all well and good, but you know what, they're

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<v Speaker 1>all laws. And I guess that's why the where I

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<v Speaker 1>got the Supreme Court, because there's so much great area

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<v Speaker 1>the present in fact saying this program just a broader

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<v Speaker 1>exercise of my accepted power to set priority priority and

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<v Speaker 1>who should be deported. Other people saying are other people

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<v Speaker 1>in Congress probably Republicans, or that he was offering amnesty

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<v Speaker 1>to people who broke the law to and to ermine

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<v Speaker 1>in the country. When you're as a legal expert, how

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<v Speaker 1>does the law look to you? Miss Grosso? To me,

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<v Speaker 1>if this would fit within an executive action, what he

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<v Speaker 1>was doing was for three years allowing people whose who

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<v Speaker 1>are the parents of either citizens or Green card holders

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<v Speaker 1>to get work visas for three years. That's that's all

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<v Speaker 1>it was. To me either, that seems like it's within

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<v Speaker 1>the executive function. Another thing is the Supreme Court could

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<v Speaker 1>have found ways around this. For example, there was a

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<v Speaker 1>question of are these states like Texas really being injured

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<v Speaker 1>by this. They said, well, we have to pay for

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<v Speaker 1>driver's license. Is that enough of an impact for them

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<v Speaker 1>to go before the Supreme Court? And the ruling was

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<v Speaker 1>so broad for one judge to rule for the entire country.

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<v Speaker 1>That is a broad rule. You don't see that very often.

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<v Speaker 1>June a win for affirmative action. Rustic was upholding race

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<v Speaker 1>conscious admissions. Big surprise there. That's a big surprise. And

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<v Speaker 1>the reason it's a surprise is because Justice Kennedy, who

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<v Speaker 1>his entire career has been voting against affirmative action, turned

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<v Speaker 1>and decided to vote for affirmative action. That's why he

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<v Speaker 1>wrote the majority opinion, because he was the swing vote there,

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<v Speaker 1>and you saw a dissent from Justice Alito of fifty

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<v Speaker 1>pages that was scathing and he very disappointed in the majority,

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<v Speaker 1>saying what happened to our law here? But the point

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<v Speaker 1>is too that the University of Texas program is enough

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<v Speaker 1>of a hybrid and there's enough going on there that

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<v Speaker 1>Justice Kennedy could see his way clear for that. But

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<v Speaker 1>that was huge surprise. So what does that mean in

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<v Speaker 1>real terms? Now? If I didn't get accepted, can I

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<v Speaker 1>the woman who didn't get accepted has already been in

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<v Speaker 1>through a school at another school. This is the second

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<v Speaker 1>time it's been up there. It's very it's a very

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<v Speaker 1>confusing area because it's very fact specific, so we don't

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<v Speaker 1>have a guideline for what other schools can do as

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<v Speaker 1>far as affirmative action is concerned. But if they have

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<v Speaker 1>an open program like this for example, Texas program, they

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<v Speaker 1>automatically take the top ten percent of all the high

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<v Speaker 1>schools in the states, So that is a way of

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<v Speaker 1>showing that they're they're not They only consider race in

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<v Speaker 1>certain circumstances, in certain instances, so that was open enough

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<v Speaker 1>for the court. And you have to really look at

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<v Speaker 1>each case individually, which is why affirmative action is at

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<v Speaker 1>the courts over and over and over again. Drunk driving

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<v Speaker 1>drunk driving basically, and it was three consolidated cases, so

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<v Speaker 1>pretty complicated. The bottom line is that police need a

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<v Speaker 1>warrant if they want you to take a test a

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<v Speaker 1>blood test for alcohol for drunk driving, and that entails,

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<v Speaker 1>you know, taking you to another place a hospital, So

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<v Speaker 1>the justice is thought that was intrusive and also taking

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<v Speaker 1>your blood, whereas if they want you to take a

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<v Speaker 1>breathalyzer test, that's something they can do without a warrant,

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<v Speaker 1>because there was a lot of talk about how that's

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<v Speaker 1>just blowing into a breathalyzer. Not a big deal, Thank

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<v Speaker 1>you very much. Always a big deal when you join us. Oh,

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<v Speaker 1>it's a pleasure. Look forward to more. June Grosso, legal

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<v Speaker 1>expert and yes host of Bloomberg Law on Bloomberg Radio

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<v Speaker 1>weekdays at a four thirty Wall Street time. You're listening

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<v Speaker 1>to taking Stock, I'm pim Fox, my co host Kathleen Hayes,

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<v Speaker 1>and this is Bloomberg Radio. Thank Bloomberg. Taking Song is

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