STRIKE 2: The Fifth Circuit Court of Appeals today told Barack Obama where he can stick his pen …
Today, the Fifth Circuit Court of Appeals of the United States has dealt Barack Obama’s Executive order on Amnesty a tremendous blow. Two of three judges on a panel of the United States Court of Appeals for the Fifth Circuit, in New Orleans sided on the rule of law and the US Constitution. Judges Jerry E. Smith and Jennifer Elrod both ruled and refused to lift an injunction against President Obama’s deportation amnesty and said the president’s new program, known as Deferred Action for Parental Accountability (DAPA), is a binding policy that should have gone through the usual public notice and comment period instead of being announced unilaterally by Mr. Obama and Homeland Security Secretary Jeh Johnson late last year
A federal appeals court on Tuesday denied the Obama administration’s request to lift a hold on the president’s executive actions on immigration, which would have granted protection from deportation as well as work permits to millions of immigrants in the country illegally.
Two of three judges on a panel of the United States Court of Appeals for the Fifth Circuit, in New Orleans, left in place an injunction by a Federal District Court judge in Brownsville, Tex. The ruling comes in a lawsuit filed by Texas and 25 other states against actions President Obama took in November. Many of the initiatives were scheduled to take effect this month.
The appeals court found that the states had sufficient legal grounds to bring the lawsuit and that the administration had not shown that it would be harmed if the injunction remained in place and the programs were further delayed.
Also denied was a request by the administration to limit the injunction to the states bringing the lawsuit. The ruling is a second setback for programs the president hoped would be a major piece of his legacy, raising new uncertainty about whether they will take effect before the end of his term and casting doubts on the confidence of administration lawyers that their case was very strong.
Remember when Obama said he didn’t have the power to pass such amnesty and then did it anyhow?