Posted on 12/17/2014 4:24:54 AM PST by Hostage
PRELIMINARY INJUNCTION HEARING TO STOP OBAMA'S AMNESTY EXECUTIVE ACTIONS
Date: December 22, 2014 Place: D.C. Federal Court, 3rd and Constitution Ave., Courtroom 15 Time: 9:30 AM
Here is the press release for the hearing:
http://www.freedomwatchusa.org/dc-federal-court-orders-expedited-preliminary-injunction-hea
Here is the 164 page final injunctive motion:
http://www.freedomwatchusa.org/pdf/141204-FINAL%20Motion%20for%20Preliminary%20Injunction.pdf
Here is the related lawsuit:
http://www.freedomwatchusa.org/pdf/141120-Arpaio%20Complaint%20with%20Exhibits.pdf
At least some Presidential Memoranda are published in the Federal Register (see example at https://www.federalregister.gov/blog/learn/regulatory-improvement)
And, some additional information:
Like executive orders, presidential memoranda don't require action by Congress. They have the same force of law as executive orders and often have consequences just as far-reaching. And some of the most significant actions of the Obama presidency have come not by executive order but by presidential memoranda.
When these two forms of directives are taken together, Obama is on track to take more high-level executive actions than any president since Harry Truman battled the "Do Nothing Congress" almost seven decades ago, according to a USA TODAY review of presidential documents. - USA Today (17 December 2014) {emphasis added}
This is why 0bamugabe is ramping up his Civilian National Security Force (the “I can’t breathe” crowd). They are his protection should the new Congress or any court try to slap down his unconstitutional activity.
The courts will be USELESS here.. GIVING SPEAKER BOEHNER THE BOOT would be far more useful!
pinging humblegunner to a vanity post of all things with a title that includes the douchebag poster’s name in the title... as he puts his vanity thread in Breaking News.
But that is a Fox News, not USA Today link. So you could have posted it. At least I think that would have been acceptable. Heck I say post it as a topic on its own.
its been posted now..or another verison pf same.. as a video
IANAL but there seems to me to be a very high probability that the case is going to be dismissed.
The Government filed,
“DEFENDANTS’ MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION”
Which reads in part,
“Plaintiff has thus failed to show he will suffer any Article III injury at all—irreparable or otherwise—let alone an injury traceable to the guidance at issue or redressable by any relief that this Court could order.”
” Nor can Plaintiff demonstrate the requisite likelihood of success on the merits. First, his lack of standing, in addition to being a reason for dismissal, is fatal to his success on the merits.”
The judge ordered the Government to show cause as to why their “Memorandum” should not be considered a motion to dismiss. The Government filed a Notice which in part reads
“In accordance with the Court’s December 16, 2014 Order, Defendants have no objection to the Court construing Defendants’ opposition to Plaintiff’s preliminary injunction motion as a motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1).”
The court appears to be getting ready to dismiss the case for lack of standing (Arpaio) and jurisdiction (the court).
But that’s just my speculation, your speculation may vary.
I am not speculating anything. And I agree that this judge could dismiss. Thank you for the information you added to the thread.
I had reservations about Arpaio’s standing meaning that there is irreparable harm. But looking through Klayman’s motion and accompanying lawsuit, there is irreparable harm brought on by this Executive Action. In fact, there is irreparable harm brought to every County in the USA.
There is no doubt to any reasonably thinking person that this Executive Action of Obama’s will indeed encourage more violation of the border. That’s the harm and it’s irreparable because the County and the State have no power to do anything about it except to minimize the damage caused by it. The whole purpose of a preliminary injunction is to stop possible irreparable harm before it happens and then to argue later that it is indeed harm and indeed irreparable. In other words, the Judge need not have solid proof or evidence of the harm, but only the plausible possibility of the harm because the order requested is only temporary. This Judge knows that. The idea is to preserve the status quo.
This Judge knows that Obama’s action does not preserve the status quo and this Judge knows that if the status quo is not preserved, then there will be crimes, violence and substantial costs to law enforcement and to communities if illegal aliens are allowed to overrun the County and the State. The Judge knows this.
But the Judge may not care for Arpaio and seek instead to curry favor with Obama’s lawyers, but maybe not because Obama is on his way out and a new administration may remember what this Judge did. So we will just have to wait and see.
I have reservations about this Judge because it is reported that this Judge had once been a lead counsel for a notoriously liberal politician, so there’s no telling what this Judge will do.
In any event, one strength of this motion going forward is that the lead counsel for the plaintiff is very experienced with DC Courts and has been very successful with difficult legal proceedings in those courts. I imagine an appeal has already been prepared and is just waiting for the Judge’s denial of the motion.
There is the 24-State lawsuit filed by the Attorney General of Texas. The number of states that are joining that lawsuit is growing. It will be very difficult for a federal judge to dismiss that number of states based on no standing meaning no harm. That lawsuit is also filed in the Southern District of Texas where they have a different view than those held in DC.
” Look at Roberts/Obamacare. Personally I think the courts will slap down some of it, then libs win it all back piecemeal through suits, small unpublished ignorings of the law and the like. Because thats what has happened far more often.”
Correct.
Besides, Boehner & McConnell just gave the Democrats everything they wanted. ALSO, they gave the GOPe everything THEY wanted......including billions of pork. By the time the courts do anything, Obama will have given illegals all of their papers. Boehner & McConnell teamed up with Obama (all over the MSM, mind you). No secrets here.
This is old news SJB! Get with the program! All the cool kids on FR are beyond this stuff! Castro Support is the new cause de’seleb for FR’s staunch conservatives! ;)
From history.
“Gentlemen,
You have undertaken to cheat me. I won’t sue you, for law is too slow. I’ll ruin you.
Yours truly,
Cornelius Vanderbilt
There are many modern applications for that particular historical lesson. Ones needing -immediate- application.
: )
1000
1,000 currently, and all indications say this score is permanent.
We really do need a statue erected to the achievement. Not for self glorification. Just to upset the detractors.
It could be a black monolith like in 2001. Except they could stare into the blackness and see the vacancy of their beliefs.
” We really do need a statue erected to the achievement. Not for self glorification. Just to upset the detractors.”
(AP)
Two extreme right wingers have built a statue to honor themselves. The statue is to commemorate the fact that the new GOP Establishment in the House & Senate has a batting average of 1,000 as TRAITORS to America in general, and conservatism in particular. Senator John McCain was quoted this morning: “ Why those two shilly shitizens! These are the kind of fools we in the Shenate have been trying to silence for over 10 years! Sorry guys, WE are the deciders! “
No one loves a prophet ;)
Conservatism is so.....so Reagan yesterday!
Well he was the worst president EVAH!! I mean look at all the delay he caused in making America one with communism.
Kidding aside, there was an editor I used to work with that would have fit in perfectly with the Freeper left. Hated Reagan, hated conservatives like me and you, and thought that all our ‘communist’ talk belonged back with McCarthy, who he KNEW was wrong.
But of course he was a true conservative and American patriot. He told us so. I often wonder what his excuses look like lately. He retired shortly after I left the Biz. Dunno what became of him. I imagine by now he’s tied in such a knot of justifications a cat high on nip couldn’t untangle him.
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