1. issuing a one-sentence decision that deferred to the Fifth Circuit's injunction on the program without offering justifications). 199. In particular, the Texas v. United States litigation focused on the appropriateness of the Obama administration's decision to proceed without notice-and-comment rulemaking while constructing a large-scale program with significant practical consequences for states and employers, and potentially binding legal consequences. An amicus brief filed by a group of prominent administrative law professors considered the DACA memo to fall into three exemptions for notice-and-comment rulemaking: internal subject matter, guidance, and grant or benefit. Brief United States, et al. as Amici Curiae Supporting Petitioners;; S D Id;The Fifth Circuit affirmed the district court's initial injunction and merits decisions in subsequent 2-1 decisions. Texas v. United States, 86 F. Supp,2015