Posted on 12/10/2014 7:49:39 PM PST by Whenifhow
A judge has sided with Maricopa County Sheriff Joe Arpaio in the first clash in what is expected to be a major court fight over the legality – or not – of Barack Obama’s looming amnesty program, ordering a fast track for case arguments and hearings.
The announcement came on Wednesday from U.S. District Judge Beryl A. Howell ..granted a motion ...
snip
Two Justice Department lawyers representing Obama in the fight had wanted their initial response delayed for weeks – for one thing because of the coming Christmas season.
But Howell ordered Obama to respond to Arpaio’s motion for a preliminary injunction – to protect the U.S. while the merits of the amnesty program are debated in court – by Dec. 15. A full preliminary injunction hearing is set for Dec. 22.
snip
“We are very pleased that Judge Howell has ordered an expedited hearing on our motion for preliminary injunction which asks to preserve the status quo and stop the implementation of President Obama’s executive order,” Klayman said. “The executive order violates the Constitution, as it seeks to circumvent the powers which the Framers delegated to Congress.”
snip
Klayman’s submission to the court noted that even though Obama never signed a formal executive order on his immigration action, the impact is that programs and procedures are being changed already to meet his demands.
The president’s decision, Klayman wrote, “orders direct DHS personnel including the Customs and Border Protection (CBP) and ICE to immediately suspend enforcement of immigration laws with regard to any who appear to be eligible for the new deferred action programs, even though such persons might not yet be able to apply for formal recognition.”
The instructions also tell law enforcement officials to “immediately” begin identifying those who could be given the special benefit.
(Excerpt) Read more at wnd.com ...
A very good news bump.
This is a motion for preliminary injunction like a temporary restraining order in order to let it be sorted out. It can be granted in days while both sides prepare their court briefs.
So if the judge is fast tracking it and orders the injunction, Obama is stopped immediately and the prelim injunction can stay in place for a year or more while the court case drags out.
Once the injunction is granted, then it is a good tactic for Sheriff Joe to go slow and run our the clock on Obama.
Ted Cruz 2016!
Timely and awesome news!
God bless and keep Sheriff Joe for standing up to this seemingly non-stop cr@p of 0bola’s....and the RINO’s.
Yes I’m frickin’ serious. YOU are referencing this case as specific, and I’m commenting about activism in general. By now you should realize the activists (leftists) use these circumstances for their own agenda. They will draw upon this specific in support of their activism whether it has anything to do with this specific, or otherwise.
There was an attempt albeit feeble recently where the Left attempted to use the legitimate actions of Republicans in the past to boost their position on an issue, and they will with this as well. IF this is the only choice then so be it. I’m just saying I would prefer not handing opportunity to America’s sworn enemy, the Democrat.
Not only is this awesome news but Sheriff Joe filed in the DC Circuit Court which means an injunctive order has jurisdiction over any federal activity.
This should also bolster Abbot’s lawsuit joined by 20 states.
And the best thing about it is that before today we started to see clearly the duplicity and betrayal of Boehner as he moves a bill to the floor that funds $1 billion to illegals for CARDS, SSNs, Work Permits.
Now Boehner and McConnell can fund to their heart’s content to please the corrupt US Chamber of Commerce but if there is a federal injunctive order in place IT WON’T MATTER!
Pray this judge has solid security around him!
I really needed some good news right about now.
This has nothing to do with activism. It is a right of Americans to file in Courts to address concerns. The original complaint was clear and clean. No activist interpretation was needed to twist any outcome.
As long as this judge follows the law, the injunction will be granted.
....Department of Justice attorneys Adam Kirschner and Brad Cohen had argued to a federal court in Washington, D.C., that Christmas is coming, and they need a lot more time.
Bew hew.
I didn’t say this case had anything to do with activism as the specific case. I’m talking about the case being used by Leftist opportunists in the future as a source of justification for their own activism, and that I’d prefer some other course to prevent that, but...............Screw it. You don’t want to understand what I’m saying, so to Hell with it.
Ha...should have said Kawanzaa instead
....It notes that even though Obama never signed a formal executive order on his immigration action, the impact is that programs and procedures are being changed already to meet his demands.....
The injunction then goes on to list those programs and procedures.
Covers the “No Formal EO” issue.
> “I’m talking about the case being used by Leftist opportunists in the future as a source of justification for their own activism, ...”
EVERYBODY under jurisdiction of federal and state laws in the United States has the right to file grievances in Court including the Left.
Leftists have tried many times to impose preliminary injunctions against actions they disagree with. It’s nothing new to them. This lawsuit is not going to teach them anything new.
The problem with most leftist lawsuits is they are filed in liberal courts with activist judges who twist the laws to favor a liberal outcome because in non-activist courts they lose.
This lawsuit is not a left-wing or right-wing lawsuit. It is based clearly and cleanly on the law.
You seem to be saying the right shouldn’t take advantage of legitimate use of the courts because the left might twist it in the future and make illegitimate use of the courts. That’s nonsense.
The leftists will ALWAYS use ANYTHING....even manufactured things.... “as a source of justification” for their doings.
So, what then....we do nothing....out of fear that they’ll use whatever we do against us?
No thanks. I’m sick and tired of the Boehner/McConnell quisling methods. They’ve gotten us nothing but further destruction. At least Sheriff Joe and JW are trying to do something. Nothing ventured, nothing gained.
Yes! Both the Sheriff’s motion and Abbott’s lawsuit both covered the Johnson memo. They were not snookered. Good lawyers on our side!
This lawsuit is not a left-wing or right-wing lawsuit. It is based clearly and cleanly on the law.
Especially after the release of DiFi’s report, you’d think that some sort of pay back would just happen to leak through.
I love Sheriff Joe. Wish the Pubbie Congresscritters had some guts to fight like this guy does.
When there are Superbowl threads here you never see posts saying “Seahawks Dominate Broncos in Early Going, Win Coin Toss!!!!!
***********************
That really did cause me to laugh out loud!!!
Pretty well much nails it. The first thing the court is going to try and order the status quo to be maintained ... thus the injunction.
But lets not fist pump quite just yet. If Obama undermines one branch of the government then why not the other?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.