Posted on 02/17/2015 10:08:44 AM PST by cotton1706
Late Monday night, U.S. District Judge Andrew Hanen issued a preliminary injunction on every aspect of Obama’s November 20, 2014 executive amnesty pending the outcome of the lawsuit brought by 26 states against the Department of Homeland Security. This ruling makes the decision of Senate Democrats to filibuster a clean funding bill – one that funds all lawful aspects of the department – even more indefensible. Republicans should now go for the kill.
The ruling itself was not on the underlying merits of the case, rather on the need to grant temporary relief in the likelihood that the states win the case. As Judge Hanen noted, by not granting an injunction, states would “suffer irreparable harm” because “once these services are provided, there will be no effective way of putting the toothpaste back in the tube should Plaintiffs ultimately prevail on the merits.”
However, in addition to the injunction, there are two noteworthy points in this 123-page decision. First, Hanen clearly believes states have standing and sufficient grievances to sue the federal government over executive amnesty, unlike previous judges who have held that state grievances are “speculative.” Second, it’s quite obvious Hanen believes the states will indeed prevail on the merits.
Before granting the injunction, Judge Hanen launches into an extended deconstruction of all the arguments made by the administration and makes it clear they have no authority to pass their own statutes. He advances almost all of the arguments we have articulated here at Conservative Review® for the past few months.
(Excerpt) Read more at conservativereview.com ...
Don’t get too excited, folks. Obozo’s minions will simply appeal this to the 9th District court and they’ll roll over for him!
GOPe pretends to do something, AFTER Obama papers up millions of illegals.
What needs to be asked is
"why are you making light of guns when so many blacks die as a result of them?"
hold them to their same standards
The Emperor has no clothes. Very good decision Judge.
Well, it was a good article right up until this directive. That's when my friend David began to hallucinate.
“Don’t get too excited, folks. Obozo’s minions will simply appeal this to the 9th District court and they’ll roll over for him!”
Texas is in the 5th Circuit, but your point is valid.
LOL
Not 100% certain, but I think these fedzilla azzholes can move these appeals to a friendlier venue.
“Don’t get too excited, folks. Obozo’s minions will simply appeal this to the 9th District court and they’ll roll over for him!”
Unfortunately Dick, Having a favorable ruling from The Ninth Circus, would only apply within that courts jurisdiction (which would mean me). The only way a Circuit Court ruling applies nationwide, is if the SCOTUS reaffirms.
“Texas is in the 5th Circuit, but your point is valid.”
Actually, it isn’t. If the 5th Circuit upholds Hanen, It would not matter what the Ninth ( or any other circuit ruled insofar as the validity of Hanen’s order within the 5th Circuit). Any Circuit Court ruling only has the force of law within that Circuit.
B1tch mc connel says the senate ‘can’t do anything’ because the demoRATS are filibustering.
The demoRATS got rid of the filibuster rule, why doesn’t b1tch mc connel do the same thing?
We all know that mitch won’t do it because he’s a GUTLESS B1TCH.
Obama and this Administration has been ignoring court rulings since they took office. This means nothing.
They can't appeal to the 9th Circuit - Texas is in the 5th Circuit, which is one of the most conservative circuits in the country. And they would have a difficult argument to make. At this point, the preliminary injunction is in place to preserve the status quo while the suit is being litigated. The states have a reasonable claim that if the administration is allowed to proceed, even if the states later win the suit there will be consequences that cannot be undone. On the other hand, the administration really cannot point to any harm that will be done if they have to wait until the suit is resolved.
The administration was really hoping to start issuing these benefits to the illegals before a court could rule. As we have seen with the homosexual marriage and Obamacare debacles, even if the administration's action has no basis in law, the courts are loathe to reverse such an action once doing so would negatively affect someone's "rights". So if the administration can change the status quo in their favor, they make it much less likely that it can ever be undone.
I don't suppose you'll mind a slight improvement ....
OK, all of that said (and you’re correct), if this bastard GOES AHEAD AND STARTS HIS “SCHEME”, WHO THE HELL’S GOING TO STOP HIM? Who or which entity is going to send a phalanx of US Marshals around to the Spite House, cuff and belly chain him and drag him out? This could go south in a hell of a hurry — which is precisely what this bastard wants!
Another poster on a similar thread pointed out that no decision was rendered, just that a stay was issued until a full hearing could be held.
Exactly. Emperor Barack Hussein Obama could care less about the congress or the courts. His decrees are all that matter, and all shall submit to his omnipotent authority. /sarc
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