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Thread: Federal appeals court sides with Texas against Obama on immigration

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    Federal appeals court sides with Texas against Obama on immigration

    This is breaking news with not much follow up yet:

    Quote Originally Posted by CNN
    Updated 8:12 AM ET, Wed May 27, 2015

    Washington (CNN)A federal appeals court on Tuesday denied a request from Justice Department lawyers to allow President Barack Obama's controversial immigration actions to go into effect pending appeal.

    The decision is a victory for Texas and 25 other states that are challenging the Obama administration's actions, which were blocked by a District Court judge in February. Tuesday's decision means that while the issue is appealed, eligible undocumented immigrants will be unable to apply for the programs aimed at easing deportation threats.

    "Because the government is unlikely to succeed on the merits of its appeal of the injunction, we deny the motion for stay and the request to narrow the scope of the injunction," according to the 2-1 decision by a panel of the U.S. Fifth Circuit Court of Appeals.
    Court sides with Texas against Obama on immigration - CNNPolitics.com

    Interesting that a Constitutional professor from Harvard is finding such a difficult time passing executive actions without Congress through the courts which effectively bypass existing laws or at the very least, ignores enforcement of existing law.
    I think if Thomas Jefferson were looking down, the author of the Bill of Rights, on whats being proposed here, hed agree with it. He would agree that the First Amendment cannot be absolute. - Chuck Schumer (D). Yet, Madison and Mason wrote the Bill of Rights, according to Sheila Jackson Lee, 400 years ago. Yup, it's a fact.


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    Re: Federal appeals court sides with Texas against Obama on immigration

    Quote Originally Posted by Ockham View Post
    This is breaking news with not much follow up yet:



    Court sides with Texas against Obama on immigration - CNNPolitics.com

    Interesting that a Constitutional professor from Harvard is finding such a difficult time passing executive actions without Congress through the courts which effectively bypass existing laws or at the very least, ignores enforcement of existing law.
    Lets remember that this is a stay on implementation. It is not a ruling on the merits which is still being litigated.

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    Re: Federal appeals court sides with Texas against Obama on immigration

    Quote Originally Posted by washunut View Post
    Lets remember that this is a stay on implementation. It is not a ruling on the merits which is still being litigated.
    I guess I'm looking at this holistically given the courts admonition on Obama's EO's in the past 6 1/2 years. This isn't an isolated case.
    I think if Thomas Jefferson were looking down, the author of the Bill of Rights, on whats being proposed here, hed agree with it. He would agree that the First Amendment cannot be absolute. - Chuck Schumer (D). Yet, Madison and Mason wrote the Bill of Rights, according to Sheila Jackson Lee, 400 years ago. Yup, it's a fact.


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    Re: Federal appeals court sides with Texas against Obama on immigration

    Quote Originally Posted by Ockham View Post
    I guess I'm looking at this holistically given the courts admonition on Obama's EO's in the past 6 1/2 years. This isn't an isolated case.
    Granted. He may well have overreached. That part is still in the courts.

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    Re: Federal appeals court sides with Texas against Obama on immigration

    Quote Originally Posted by washunut View Post
    Lets remember that this is a stay on implementation. It is not a ruling on the merits which is still being litigated.
    I could be wrong, but my reading of this is that the District Court ruled on the merits of the case, ruling against the administration, issuing an injunction against implementation of the administration's plans, and the administration has appealed that decision and asked the Federal Appeals Court to suspend the injunction of the District Court until the appeal is heard, enabling the administration to continue implementation. The Federal Appeals Court denied that administration request, stating that the administration is unlikely to succeed in its appeal and the injunction will stand. That pretty much says to me that the administration is going to be knocked down when the Federal Appeals Court hears the appeal and the injunction will stand, pending an appeal by the administration to the Supreme Court.

    As such cases go, this is a pretty clear indication the administration has lost this effort.
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    Re: Federal appeals court sides with Texas against Obama on immigration

    Quote Originally Posted by CanadaJohn View Post
    I could be wrong, but my reading of this is that the District Court ruled on the merits of the case, ruling against the administration, issuing an injunction against implementation of the administration's plans, and the administration has appealed that decision and asked the Federal Appeals Court to suspend the injunction of the District Court until the appeal is heard, enabling the administration to continue implementation. The Federal Appeals Court denied that administration request, stating that the administration is unlikely to succeed in its appeal and the injunction will stand. That pretty much says to me that the administration is going to be knocked down when the Federal Appeals Court hears the appeal and the injunction will stand, pending an appeal by the administration to the Supreme Court.

    As such cases go, this is a pretty clear indication the administration has lost this effort.
    I think you are correct that the case is in the appeals court. I think the stay is based on the fact that the states would be harmed if implementation started and then the court ruled in the state's favor. Hard to be drivers licenses back once they are issued, etc.

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    Re: Federal appeals court sides with Texas against Obama on immigration

    This is basically asking for forgiveness rather than asking for permission. The Obama administration wanted the stay removed so that they could begin implementation and get the country used to the idea. Then when it is litigated they are advocating keeping the status quo. A concept called boiling the frog.

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    Re: Federal appeals court sides with Texas against Obama on immigration

    Quote Originally Posted by Ockham View Post
    I guess I'm looking at this holistically given the courts admonition on Obama's EO's in the past 6 1/2 years. This isn't an isolated case.
    What percentage of these orders have been blocked, out of curiosity?
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    Re: Federal appeals court sides with Texas against Obama on immigration

    Why am I not surprised at this.

    From the article...

    The opinion was written by Judge Jerry Smith, appointed to the bench by President Ronald Reagan, and joined by Judge Jennifer Walker Elrod, a George W. Bush appointee. Judge Stephen A. Higginson, who was appointed by Obama, dissented.
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