"Congress is perhaps most to blame, however, since the legislative body did nothing to prevent this usurpation of its authority over immigration, having done nothing in 2012 to stop the original DACA amnesty. Some House Republicans have since filed a brief in the Supreme Court in opposition to DAPA and the extended version of DACA; some Democrats have filed a brief in support of Obama's unilateral actions. But the original DACA is going unchallenged.

All members of Congress — even those who support the underlying goal of DACA — should not be so quick to cede their authority to the executive branch. A different president may use this authority to advance a very different policy in the future (have Democrats not read the immigration platform of a Donald J. Trump?).

Basically, if the Supreme Court makes no effort to rein in the Obama administration, future immigration policy will largely be decreed by the executive. Voters will have little reason to spend much time contemplating the immigration positions of congressional candidates. In fact, congressional candidates will likely start to avoid the issue — protesting that it's out of their hands — and immigration debates will only take place every four years.

On top of this, the process of creating immigration policy within the White House will likely become even more unresponsive to the people. Currently, big policy changes within administrative law must go through a notice-and-comment process which allows the public to provide feedback and presumably influence the policy before it goes into effect. (Congress created the Administrative Procedure Act decades ago to make sure that the White House would be responsive to the public.)

A key argument of the states suing the Obama administration is that DAPA and the extended DACA never went through this process. If the policies are allowed to stand, it would be a huge incentive for the executive branch to conduct more sweeping policy changes through memos rather than through the administrative process."

But no one seems to give a shit about that around here...