The most interesting aspect of the Court’s certiorari grant in the immigration case yesterday was its decision to add a Question Presented on the constitutionality of the President’s Executive Order. It strikes me that this is an ominous development if you think that the Order should be upheld.
I think it’s very unlikely that the Court will reach the merits of the claim that the President is violating the Take Care Clause with his immigration/deportation policy. (Though Justice Thomas might write a separate opinion about this). But adding this question gives the Court room to execute Chief Justice Roberts’ bread-and-butter play–reading the relevant statutes to avoid a constitutional question by saying that the Order was not authorized by Congress.