The path forward for the Texas DACA case

How do the votes shake out? I suspect the Chief Justice will grant a stay for all three remedies. There is only one jurist in the country who can radically alter federal law, and his name is John G. Roberts. And we know the Chief does not like district court injunctions. Alas, Roberts plus the Kagan three makes four–not enough for a stay. And if all four dissent from the denial of a stay, it will be obvious to the world that Justices Kavanaugh and/or Barrett refused to help the Dreamers.

Will Justices Kavanaugh and Barrett have, in the words of Justice Gorsuch, the "fortitude" to deny the stay? Justice Kavanaugh recently split the difference in the eviction case: he found the moratorium illegal but declined to put that ruling into effect. My prediction? He declines to stay the first ground of relief, vote to stay at the second ground for relief, and urges the Court to grant cert before judgment for the third ground for relief. Plus he writes a hand-wringing concurrence about how DACA is illegal but the Dreamers are such wonderful people. He can copy-and-paste from his Regents decision: "They live, go to school, and work here with uncertainty about their futures."

What about Justice Barrett? Well, if Kavanaugh submits on the second ground, she can say nothing. Alas, silence is violence.