A split Supreme Court could spoil Obama's executive action on immigration

The Supreme Court will hear arguments on Monday for a challenge to President Obama's executive action on immigration. Obama's plan would allow for more than four million unauthorized parents of lawful residents to apply for a program protecting them from deportation and allowing them to work legally. With an even eight justices remaining after the death of Antonin Scalia, the possible 4-4 split between the conservative and the liberal sides of the court would void Obama's plan.

At question for the justices is if Obama abused his executive powers by issuing the actions. Texas and 26 other states have challenged the actions as being an overreach.

But there might be a chance for Obama's plan to eke by yet; experts are eyeing conservative Chief Justice John Roberts as a possible upset to the split, The New York Times reports. Roberts' record suggests that instead of focusing on party politics, he will look at the technicality of whether Texas truly suffered injury, which would give the state the grounds to sue.

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The question boils down to budget shortfalls that Texas would suffer if unauthorized immigrants applied for driver's licenses. But the state makes its own choices about license fees and eligibility, so Roberts is expected to be extremely skeptical of this argument.

"Such self-imposed 'injury' has never provided a ticket to federal court,” former U.S. solicitor general Walter Dellinger wrote in a supporting brief that was cited by Roberts in an earlier case.

The Supreme Court's ruling is expected in June.