(The rest of the article)
Every seat in the courtroom was taken, and the court fed an audio of the arguments into two additional courtrooms, while pro-administration supporters protested outside the federal courthouse in New Orleans. Oral arguments before the 5th Circuit normally take 40 minutes, but the arguments on Friday lasted for two-and-a-half hours.
The Obama Administrations Strange Logic
As I listened to Mizer responding to questions from the judges, I was shaking my head at some of his answers. One of his justifications for the presidents actions towards the beginning of the argument was so strange, I wasnt sure I heard it correctly.
Judge Jerry Smith asked Mizer if the presidents plan wasnt distinct from the exercise of prosecutorial discretion because it confers benefits. The plan, for example, provides not only deferred action to illegal aliens, but provides them with Employment Authorization Documents or work permits.
Mizer said there were good reasons to grant such permits because it would allow an individual with a work permit to work on the books rather than off the books. Since it is a third-party crime for an employer to employ an illegal alien, providing the work permits is actually reducing crime by reducing the third-party crime.
In other words, rather than enforcing federal immigration law that prohibits employers from employing any noncitizen who doesnt have a work permit, it is better for the government (without authority) to issue work permits to illegal aliens so employers wont break the law the administration doesnt want to enforce. The government has to break the law so employers wont have to.
That is an example of the twisted logic being used by the Justice Department to defend this case.
Case Won By EPA Helps States Opposing Obamas Immigration Actions
Another issue brought up by Judge Smith was quite ironic, given the administrations push on global climate change. While Mizer was arguing that the states have no standing to challenge the presidents immigration plan and his nonenforcement of federal immigration laws, Judge Smith pointed out that this case seems similar to Massachusetts v. EPA (2007).
In that case, the U.S. Supreme Court held that the states had standing to challenge the EPAs then-nonregulation of so-called greenhouse gases. Based on that decision, the states would seem to have standing in this case according to Smith.
Obama Lawyer Stumped By Question About Precedent for Preserving Status Quo
Mizer also did not have a good answer to the argument made by Texas Solicitor General Scott Keller, who said that the injunction simply maintains the status quo on immigration law that has existed for decades.
Judge Jennifer Elrod said the court was big about [preserving] the status quo as was the Supreme Court in the middle of cases. She asked Mizer if it would not be a logistical mess if the 5th Circuit lifted the stay and the government proceeded with issuing work permits and tax benefits, but then the states ultimately won the lawsuit. Illegal aliens who are legalized by the presidents program could end up with a big check and youd need to knock on their door and ask for it back.
Mizers only answer to that was that the government would be faced with additional logistical steps and illegal immigrants probably would not be able to collect tax credits during the time the courts were deciding this case because there are a lot of hoops that an individual had to jump through.
The Justice Department has also argued that even if the injunction is not lifted in its entirety, it should at least be geographically narrowed to only apply to Texas or the other states in the lawsuit. But when Judge Stephen Higginson asked Mizer if he had any prior court decisions that found a preliminary injunction was not narrowly tailored because it applied too broadly geographically, Mizer could not name a single case directly on point. Higginson said he had not been able to find a single case supporting that proposition either.
Was Obamas Immigration Plan Really Not Subject to This Law?
Throughout his argument, Mizer kept saying that the presidents plan was unreviewable and was not subject to the Administrative Procedure Act (APA), which requires that all new regulatory policies by federal agencies be promulgated with advance notice and the opportunity for comment by the public and interested parties. This was a key finding in Judge Hanens injunction order.
Judge Elrod then asked Mizer a question related to this claim that almost had Mizer dancing a jig to avoid answering it. She asked Mizer whether the states could challenge the Deferred Action for Parents of Americans and Lawful Permanent Residents program if it gave voting rights to aliens: would that be reviewable and would that be unconstitutional?
Mizer clearly did not want to answer that question, saying that was not the situation before the court. Im asking you a hypothetical insisted Judge Elrod. Would that be subject to APA [Administrative Procedure Act] notice and comment if it gave voting rights or just substantively unconstitutional and illegal? Judge Elrod asked Mizer again.
She had to ask Mizer the question four times before he finally said that it was possible that a challenge could be brought by the states under such circumstances, but that this situation was completely different. The fact that Mizer did not want to directly answer that question about voting and that Judge Elrod had to keep after him to try to get an answer was odd to say the least.
If the three-judge panel denies the governments request for a stay, the Justice Department can file an emergency appeal with the U.S. Supreme Court. If the 5th Circuit (or the Supreme Court) grants the request, then there is no doubt that the administration will move as quickly as possible to implement the presidents amnesty plan while the case is pending in the 5th Circuit.
That would ensure that if the states were to ultimately prevail, trying to reverse what the Department of Homeland Security would do in the interim would be a logistical mess.
PING
The twisted lunacy of the left knows no bounds. Yet that they seem to make headway, is truly startling.
In other words Obama is arguing that because something is inconvenient laws do not apply to him.
I’m going to tell that to the IRS.
This is all show anyway. Obama’s whole plan now is to make sure the illegals get their big IRS “refund.” It is already documented fact that illegals vote. Obama simply reclassified any citizen of central American countries are refugees and is using tax payer dollars to fly them here. Obama will simply ignore any judgement that goes against his royal decree.