Specifically, the 26-states argued the fact that DACA winners can get jobs with US companies and not be counted toward the 50-employee threshold, and the reasonable expectation that DAPA winners will do likewise, make DACA/DAPA employees more desirable than citizen employees.
Inasmuch as the ruling doesn’t affect Obamacare, the exemptions to Obamacare do, in fact, affect the plaintiffs’ standing. (hat tip TXHURL)
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REFERENCE In his ruling on Monday that upended plans to shield millions of people from deportation, U.S. District Judge Andrew Hanen avoided diving into sweeping constitutional questions or tackling presidential powers head-on. Instead, he faulted Obama for not giving public notice of his plans. The failure to do so, Hanen wrote, was a violation of the 1946 Administrative Procedure Act, which requires notice in a publication called the Federal Register as well as an opportunity for people to submit views in writing.
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WE NEED TO GO THIS ROUTE: Rhonda Cook one of the ace Atlanta Journal Constitution reporters bird-dogged the corrupt Atlanta teachers story.
Cook reported that the 1980 Georgia General Assembly was concerned about “the increasing sophistication of various criminal elements on the public payroll.” The Assembly then adopted the Racketeer Influenced and Corrupt Organizations Act (RICO), patterned after a similar federal law.
(RICO is often used to try to prove that a legal business was being used for illegal means, and, in at its inception, RICO was used to prosecute drug traffickers or organized crime members).
In recent years prosecutors have applied RICO to government officials accused of using their offices for personal gain---he activites of former and current Atlanta public school officials.
To bring a case under Georgia’s RICO law, there must be at least two underlying felonies — such as fraud, bribery, witness tampering (among other felonies).
RICO allows prosecutors to include multiple defendants charged with various crimes in the blanket indictment, and to charge that govt employees, publicy-funded and publicly-traded entities were allegedly part of an ongoing criminal enterprise...
......such as local govt welfare offices accepting falsified documents, state and/or county public assistance programs, education funding agencies expending tax funds illegally, voter registration agencies accepting falsified documents, lending/banking/credit card companies, and the like.
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 Hanen 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 ...