Federal Circuit Court denies Obama’s Illegal Immigration Exec. Order appeal. Stay upheld.
The actual Fed. Circuit Court ruling: http://theusconstitution.org/sites/default/files/briefs/immigration-fifth-circuit-stay-denied-5-26-2015.pdf
Appeals court refuses to lift hold on Obama immigration action
Published May 26, 2015 - FoxNews.com
Federal court won't lift hold on Obama's immigration action
A federal appeals court refused Tuesday to allow the implementation, for now, of President Obama's executive action that could shield from deportation as many as 5 million illegal immigrants.
The U.S. Justice Department had asked the 5th U.S. Circuit Court of Appeals to reverse U.S. District Judge Andrew Hanen's earlier decision temporarily halting the administration's plan. Hanen issued the temporary hold in February, after 26 states filed a lawsuit alleging Obama's action was unconstitutional.
Two out of the three judges on a court panel, though, voted Tuesday to deny the government's request, as the underlying case is argued.
White House Spokesperson Brandi Hoffine said after the ruling, "today, two judges of the Fifth Circuit chose to misinterpret the facts and the law in denying the government's request for a stay."
The majority opinion reasoned that lifting the temporary hold -- known in judicial parlance as issuing a "stay" -- could cause serious problems for states should they ultimately win their challenge. It said the states have shown that "issuance of the stay will substantially injure" them.
It continued: "A stay would enable DAPA beneficiaries to apply for driver's licenses and other benefits, and it would be difficult for the states to retract those benefits or recoup their costs even if they won on the merits. That is particularly true in light of the district court's findings regarding the large number of potential beneficiaries, including at least 500,000 in Texas alone."
Texas Attorney General Ken Paxton praised Tuesday's decision.
"The separation of powers and check and balances remain the law of the land, and this decision is a victory for those committed to preserving the rule of law in America," he said in a written statement.
The White House has said the program is intended to primarily help immigrants brought to the U.S. as children and those with children who are U.S. citizens.
It wasn't immediately clear if the government would appeal, either to the full appeals court in New Orleans or to the U.S. Supreme Court.
The states suing to block the plan, led by Texas, argue that Obama acted outside his authority and that the changes would force them to invest more in law enforcement, health care and education.
The White House has repeated its position that the president has exclusive authority to enforce immigration laws and can adjust policies to fix a "broken immigration system." Fourteen states have sided with Obama in the case, and say the benefits of immigration outweigh the costs.
Justice Department lawyers sought a stay while they appealed the injunction. They argued that keeping the temporary hold interfered with the Homeland Security Department's ability to protect the U.S. and secure the nation's borders.
They also said immigration policy is a domain of the federal government, not the states.
But, in Tuesday's ruling, 5th Circuit judges Jerry Smith and Jennifer Walker Elrod denied the stay, saying in an opinion written by Smith that the federal government lawyers are unlikely to succeed on the merits of that appeal. Judge Stephen Higginson dissented.
"The president's attempt to do this by himself, without a law passed by Congress and without any input from the states, is a remarkable violation of the U.S. Constitution and laws," Paxton said.
Obama announced the executive action in November, saying lack of action by Congress forced him to make sweeping changes to immigration rules on his own. Republicans said Obama overstepped his presidential authority.
The first of Obama's orders -- to expand a program that protects young immigrants from deportation if they were brought to the U.S. illegally as children -- was set to take effect Feb. 18. The other major part, extending deportation protections to parents of U.S. citizens and permanent residents who have been in the country for some years, had been scheduled to begin May 19.
Hanen issued his injunction believing that neither action had taken effect. But the Justice Department later told Hanen that more than 108,000 people had already received three-year reprieves from deportation as well as work permits. Hanen said the federal government had been "misleading," but he declined to sanction the government's attorneys.
The Justice Department has also asked the 5th Circuit to reverse Hanen's overall ruling that sided with the states. A decision on that appeal, which will be argued before the court in July, could take months.
Along with Texas, the states seeking to block Obama's action are Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, West Virginia and Wisconsin.
Fox News' Shannon Bream and The Associated Press contributed to this report.
http://www.cnn.com/2015/05/26/politics/obama-immigration-texas-federal-appeals-court/index.html
Great news! If it ain't broke, don't fix it.
http://www.npr.org/templates/story/story.php?storyId=128303672
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The action that President Reagan too was vastly different than Obama’s order. I could explain the differences to you pops but you lack the mental capacity to understand.
President Reagan’s action was never contested in the courts nor Congress and President Reagan had a Democrat Congress throughout his presidency and still got the job done. The majority of American people supported President Reagan’s action.
Obama’s exec. order has been stopped by a Federal District Court and that action was reaffirmed today by Federal Circuit Court. The majority of American people are against Obama’s action.
It is real easy pops:
President Reagan was a great president.
Obama is a failure.
Obama’s immigration order strikes out at 5th Circuit:
http://www.washingtonpost.com/blogs/right-turn/wp/2015/05/26/obamas-immigration-order-strikes-out-at-5th-circuit/
http://www.npr.org/templates/story/story.php?storyId=128303672
___________________________________________________________________________
The action that President Reagan too was vastly different than Obama’s order. I could explain the differences to you pops but you lack the mental capacity to understand.
President Reagan’s action was never contested in the courts nor Congress and President Reagan had a Democrat Congress throughout his presidency and still got the job done. The majority of American people supported President Reagan’s action.
Obama’s exec. order has been stopped by a Federal District Court and that action was reaffirmed today by Federal Circuit Court. The majority of American people are against Obama’s action.
It is real easy pops:
President Reagan was a great president.
Obama is a failure.Obama’s immigration order strikes out at 5th Circuit:
http://www.washingtonpost.com/blogs/right-turn/wp/2015/05/26/obamas-immigration-order-strikes-out-at-5th-circuit/
I find it funny that you attack pops for not understanding, and then you can't even interpret the link you posted. You called it an illegal action, but the court didn't. The court placed a stay against it until all states lawsuits have been resolved. Nowhere did the courts rule it illegal.
As for Reagan, if you think that Obama's action was illegal, then so was Reagan's. They both used an executive order allowing amnesty for immigrants. You can't have it both ways.
http://www.cnn.com/2015/05/26/politics/obama-immigration-texas-federal-appeals-court/index.html
Stephen Yale-Loehr, a Cornell University Law School prof, downplayed the significance of Tuesday's decision.
"The court of appeals merely held that the district court did not err when it held that Texas had standing to sue," he said. "The true test will be on the merits of the case. That could be a few years down the road, after a trial."
And Elizabeth Wydra, of the progressive Constitutional Accountability Center, who filed a brief on behalf of bipartisan group of former members of Congress, notes the administration could decide the issue is important enough to go straight to the Supreme Court just to get the programs unblocked pending appeal.
"Given the strong public interest in getting DAPA off the ground as soon as possible, the administration will almost certainly go straight to the Supreme Court," she said. "It will file this request with Justice (Antonin) Scalia, the justice assigned to the Fifth Circuit, but he will very likely refer the matter to the entire Court for all of the justices to consider."
U.S. District Judge Andrew S. Hanen of the United States District Court for the Southern District of Texas blocked the programs in February, holding that the administration had failed to comply with the procedural requirements under the Administrative Procedures Act, a federal statute that sets out rules for the way that federal agencies can establish regulations.
The law provides an avenue of review for an agency's action and requires it to engage in a "notice and comment" procedure before it issues rules.
In court papers, the administration argued that it was not issuing rules, but instead, a "general statement of policy," which is exempt from the "notice and comment" requirement. It said that the Judge Hanen was wrong to grant the states standing -- or the legal right -- to bring the suit.
http://www.npr.org/templates/story/story.php?storyId=128303672
___________________________________________________________________________
The action that President Reagan too was vastly different than Obama’s order. I could explain the differences to you pops but you lack the mental capacity to understand.
President Reagan’s action was never contested in the courts nor Congress and President Reagan had a Democrat Congress throughout his presidency and still got the job done. The majority of American people supported President Reagan’s action.
Obama’s exec. order has been stopped by a Federal District Court and that action was reaffirmed today by Federal Circuit Court. The majority of American people are against Obama’s action.
It is real easy pops:
President Reagan was a great president.
Obama is a failure.Obama’s immigration order strikes out at 5th Circuit:
http://www.washingtonpost.com/blogs/right-turn/wp/2015/05/26/obamas-immigration-order-strikes-out-at-5th-circuit/I find it funny that you attack pops for not understanding, and then you can't even interpret the link you posted. You called it an illegal action, but the court didn't. The court placed a stay against it until all states lawsuits have been resolved. Nowhere did the courts rule it illegal.
As for Reagan, if you think that Obama's action was illegal, then so was Reagan's. They both used an executive order allowing amnesty for immigrants. You can't have it both ways.
____________________________________________________________________
President Reagan’s action was never contested in court as it was supported by the States, Congress and the American People.
Obama’s action has been stopped by a Federal District Court and the stay was upheld by a Federal Circuit court.
Obama’s exec. order is illegal as attested to by Constitutional law professors (real ones, not what Obama thinks he is) and lawyers from both sides of the aisle.
No court has ruled that action illegal yet because no court has been asked to. The majority of States went to a Federal Court to seek a stay until the matter can be adjudicated by the courts and the States were granted that stay based on the merits of their case.
The Obama administration knows this matter will go down in flames as they announced today that they will not ask the Supreme Court t abate the stay. Obama is sending his Justice Department back to the lower court yet again.
Of course the judge to hear that re-re-re-appeal is the same judges that admonished the Justice Department lawyers for misrepresenting breadth and facts the Obama’s administrations exec. order.
“if you think that Obama's action was illegal, then so was Reagan's”
- You ignorance comes forth yet again.
Obama’s action has been stopped by the courts and President Reagan’s was never challenged.
The People win again and Obama and his liberal friends lose again.
http://www.cnn.com/2015/05/26/politics/obama-immigration-texas-federal-appeals-court/index.html
Stephen Yale-Loehr, a Cornell University Law School prof, downplayed the significance of Tuesday's decision."The court of appeals merely held that the district court did not err when it held that Texas had standing to sue," he said. "The true test will be on the merits of the case. That could be a few years down the road, after a trial."
http://www.npr.org/templates/story/story.php?storyId=128303672
___________________________________________________________________________
The action that President Reagan too was vastly different than Obama’s order. I could explain the differences to you pops but you lack the mental capacity to understand.
President Reagan’s action was never contested in the courts nor Congress and President Reagan had a Democrat Congress throughout his presidency and still got the job done. The majority of American people supported President Reagan’s action.
Obama’s exec. order has been stopped by a Federal District Court and that action was reaffirmed today by Federal Circuit Court. The majority of American people are against Obama’s action.
It is real easy pops:
President Reagan was a great president.
Obama is a failure.Obama’s immigration order strikes out at 5th Circuit:
http://www.washingtonpost.com/blogs/right-turn/wp/2015/05/26/obamas-immigration-order-strikes-out-at-5th-circuit/I find it funny that you attack pops for not understanding, and then you can't even interpret the link you posted. You called it an illegal action, but the court didn't. The court placed a stay against it until all states lawsuits have been resolved. Nowhere did the courts rule it illegal.
As for Reagan, if you think that Obama's action was illegal, then so was Reagan's. They both used an executive order allowing amnesty for immigrants. You can't have it both ways.
____________________________________________________________________
President Reagan’s action was never contested in court as it was supported by the States, Congress and the American People.
Obama’s action has been stopped by a Federal District Court and the stay was upheld by a Federal Circuit court.
Obama’s exec. order is illegal as attested to by Constitutional law professors (real ones, not what Obama thinks he is) and lawyers from both sides of the aisle.
No court has ruled that action illegal yet because no court has been asked to. The majority of States went to a Federal Court to seek a stay until the matter can be adjudicated by the courts and the States were granted that stay based on the merits of their case.
The Obama administration knows this matter will go down in flames as they announced today that they will not ask the Supreme Court t abate the stay. Obama is sending his Justice Department back to the lower court yet again.
Of course the judge to hear that re-re-re-appeal is the same judges that admonished the Justice Department lawyers for misrepresenting breadth and facts the Obama’s administrations exec. order.“if you think that Obama's action was illegal, then so was Reagan's”
- You ignorance comes forth yet again.
Obama’s action has been stopped by the courts and President Reagan’s was never challenged.The People win again and Obama and his liberal friends lose again.
All this proves, is that the texas tea-party bunch are morons,and so are you. both actions were the same, but it was ok when reagan did it, but not the black guy. are you really that dumb? 😛
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Okay pops.
Then why was there no court action or dissent in Congress or the States brought against President Reagan but Obama's action in an action brought by the majority of the States stopped by a Federal Court and that action was affirmed by a higher Federal Court?
Watch for the answer folks...
http://www.npr.org/templates/story/story.php?storyId=128303672
___________________________________________________________________________
The action that President Reagan too was vastly different than Obama’s order. I could explain the differences to you pops but you lack the mental capacity to understand.
President Reagan’s action was never contested in the courts nor Congress and President Reagan had a Democrat Congress throughout his presidency and still got the job done. The majority of American people supported President Reagan’s action.
Obama’s exec. order has been stopped by a Federal District Court and that action was reaffirmed today by Federal Circuit Court. The majority of American people are against Obama’s action.
It is real easy pops:
President Reagan was a great president.
Obama is a failure.Obama’s immigration order strikes out at 5th Circuit:
http://www.washingtonpost.com/blogs/right-turn/wp/2015/05/26/obamas-immigration-order-strikes-out-at-5th-circuit/I find it funny that you attack pops for not understanding, and then you can't even interpret the link you posted. You called it an illegal action, but the court didn't. The court placed a stay against it until all states lawsuits have been resolved. Nowhere did the courts rule it illegal.
As for Reagan, if you think that Obama's action was illegal, then so was Reagan's. They both used an executive order allowing amnesty for immigrants. You can't have it both ways.
____________________________________________________________________
President Reagan’s action was never contested in court as it was supported by the States, Congress and the American People.
Obama’s action has been stopped by a Federal District Court and the stay was upheld by a Federal Circuit court.
Obama’s exec. order is illegal as attested to by Constitutional law professors (real ones, not what Obama thinks he is) and lawyers from both sides of the aisle.
No court has ruled that action illegal yet because no court has been asked to. The majority of States went to a Federal Court to seek a stay until the matter can be adjudicated by the courts and the States were granted that stay based on the merits of their case.
The Obama administration knows this matter will go down in flames as they announced today that they will not ask the Supreme Court t abate the stay. Obama is sending his Justice Department back to the lower court yet again.
Of course the judge to hear that re-re-re-appeal is the same judges that admonished the Justice Department lawyers for misrepresenting breadth and facts the Obama’s administrations exec. order.“if you think that Obama's action was illegal, then so was Reagan's”
- You ignorance comes forth yet again.
Obama’s action has been stopped by the courts and President Reagan’s was never challenged.The People win again and Obama and his liberal friends lose again.
All this proves, is that the texas tea-party bunch are morons,and so are you. both actions were the same, but it was ok when reagan did it, but not the black guy. are you really that dumb? 😛
______________________________________________________________
Okay pops.
Then why was there no court action or dissent in Congress or the States brought against President Reagan but Obama's action in an action brought by the majority of the States stopped by a Federal Court and that action was affirmed by a higher Federal Court?Watch for the answer folks...
It was 1986, there was NO tea party, the president was a senile white guy and government wasn't divided like it is now. no charge for the history lesson, simpleton.
[Edited on 5/28/2015 by pops42]
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I didn't think you haven't a clue.
Did you even read the two exec. orders and the court rulings?
BTW - President Reagan is considered the greatest President of modern times and Obama is the worst according to The American People.
http://www.npr.org/templates/story/story.php?storyId=128303672
___________________________________________________________________________
The action that President Reagan too was vastly different than Obama’s order. I could explain the differences to you pops but you lack the mental capacity to understand.
President Reagan’s action was never contested in the courts nor Congress and President Reagan had a Democrat Congress throughout his presidency and still got the job done. The majority of American people supported President Reagan’s action.
Obama’s exec. order has been stopped by a Federal District Court and that action was reaffirmed today by Federal Circuit Court. The majority of American people are against Obama’s action.
It is real easy pops:
President Reagan was a great president.
Obama is a failure.Obama’s immigration order strikes out at 5th Circuit:
http://www.washingtonpost.com/blogs/right-turn/wp/2015/05/26/obamas-immigration-order-strikes-out-at-5th-circuit/I find it funny that you attack pops for not understanding, and then you can't even interpret the link you posted. You called it an illegal action, but the court didn't. The court placed a stay against it until all states lawsuits have been resolved. Nowhere did the courts rule it illegal.
As for Reagan, if you think that Obama's action was illegal, then so was Reagan's. They both used an executive order allowing amnesty for immigrants. You can't have it both ways.
____________________________________________________________________
President Reagan’s action was never contested in court as it was supported by the States, Congress and the American People.
Obama’s action has been stopped by a Federal District Court and the stay was upheld by a Federal Circuit court.
Obama’s exec. order is illegal as attested to by Constitutional law professors (real ones, not what Obama thinks he is) and lawyers from both sides of the aisle.
No court has ruled that action illegal yet because no court has been asked to. The majority of States went to a Federal Court to seek a stay until the matter can be adjudicated by the courts and the States were granted that stay based on the merits of their case.
The Obama administration knows this matter will go down in flames as they announced today that they will not ask the Supreme Court t abate the stay. Obama is sending his Justice Department back to the lower court yet again.
Of course the judge to hear that re-re-re-appeal is the same judges that admonished the Justice Department lawyers for misrepresenting breadth and facts the Obama’s administrations exec. order.“if you think that Obama's action was illegal, then so was Reagan's”
- You ignorance comes forth yet again.
Obama’s action has been stopped by the courts and President Reagan’s was never challenged.The People win again and Obama and his liberal friends lose again.
All this proves, is that the texas tea-party bunch are morons,and so are you. both actions were the same, but it was ok when reagan did it, but not the black guy. are you really that dumb? 😛
______________________________________________________________
Okay pops.
Then why was there no court action or dissent in Congress or the States brought against President Reagan but Obama's action in an action brought by the majority of the States stopped by a Federal Court and that action was affirmed by a higher Federal Court?Watch for the answer folks...
It was 1986, there was NO tea party, the president was a senile white guy and government wasn't divided like it is now. no charge for the history lesson, simpleton.
[Edited on 5/28/2015 by pops42]
_____________________________________________________________________
I didn't think you haven't a clue.
Did you even read the two exec. orders and the court rulings?BTW - President Reagan is considered the greatest President of modern times and Obama is the worst according to The American People.
You are a straight up imbie. 😛 you are wrong on every thing you posted. you can't even speak clearly. have you been huffing spray paint again?.
[Edited on 5/29/2015 by pops42]
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Your boy Obama got slapped down in court and his illegal immigration order cannot be implemented.
Ha ha.
