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Judge delays Feds’ Immigration Emergency Stay Motion to next week
Legal Insurrection ^

Posted on 02/24/2015 3:33:59 PM PST by Perdogg

Yesterday the U.S. government filed an Emergency motion to stay the U.S. District Court’s temporary injunction putting Obama’s immigration executive action on hold.

In its Emergency Motion, the Feds threatened that if U.S. District Court Judge Andrew S. Hanen did not grant the stay by the close of business on Wednesday, February 25, the Feds would seek an emergency stay from the 5th Circuit Court of Appeals.

(Excerpt) Read more at legalinsurrection.com ...


TOPICS: Breaking News; Crime/Corruption; Government; News/Current Events; US: Texas
KEYWORDS: aliens; amnesty; illegalaliens; illegals; immigration
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1 posted on 02/24/2015 3:33:59 PM PST by Perdogg
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To: Perdogg
the Feds threatened that if U.S. District Court Judge Andrew S. Hanen did not grant the stay by the close of business on Wednesday, February 25, the Feds would seek an emergency stay from the 5th Circuit Court of Appeals.

Some remind me: when was it that the executive branch was granted authority to choose to "jump over" and ignore the procedures from the judiciary? Was that the same time it was given authority to write laws without Congress??

2 posted on 02/24/2015 3:36:00 PM PST by SoFloFreeper
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To: SoFloFreeper

Bttt


3 posted on 02/24/2015 3:38:15 PM PST by Guenevere
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To: SoFloFreeper

Hanan didn’t cotton to Obama threats. Heh.


4 posted on 02/24/2015 3:48:29 PM PST by Red Steel
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To: Red Steel

Henen...


5 posted on 02/24/2015 3:48:45 PM PST by Red Steel
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To: Perdogg
This is just stupid.

"First, we kill all the lawyers."

6 posted on 02/24/2015 3:48:56 PM PST by grobdriver (Where is Wilson Blair when you need him?)
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To: Red Steel

Or Hanen LoL. :-)


7 posted on 02/24/2015 3:49:23 PM PST by Red Steel
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To: SoFloFreeper

Congress won’t impeach the Kenyan fraud. Herein lies the problem.


8 posted on 02/24/2015 3:49:34 PM PST by VRWC For Truth (Roberts has perverted the Constitution)
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To: SoFloFreeper; All
Not to worry, the 5th Circuit is likely the most conservative appeals court in the land.
9 posted on 02/24/2015 3:56:55 PM PST by Mariner (War Criminal #18)
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To: VRWC For Truth
WOW! Comments at the link quote a news report that says Obama never issued an executive order; DHS Secretary Jeh Johnson issued a memorandum deferring deportation of certain illegal aliens. The judge's order recognizes this fact:

Noting that the case does not pertain either to a law passed by Congress or to an executive order signed by Obama, Hanen noted the White House promoted the idea that the president had signed an executive order in Las Vegas Nov. 21, 2014, the day after his address to the nation on immigration.

The question is why didn't the Emperor sign an executive order (illegal as it might be)? Is he waiting for the judge/courts to invalidate the DHS memo and then pull out his pen?? For what reason would he wait? For more air time on the nightly MSM news?

10 posted on 02/24/2015 4:15:12 PM PST by CedarDave
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To: CedarDave

The question is why didn’t the Emperor sign an executive order (illegal as it might be)? Is he waiting for the judge/courts to invalidate the DHS memo and then pull out his pen?? For what reason would he wait? For more air time on the nightly MSM news?

**That’s what I’ve always wondered..has to be an underlying reason. White Hut doesn’t do anything without political calculation.


11 posted on 02/24/2015 4:24:26 PM PST by rainee (Her)
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To: CedarDave

EOs cab be reversed by next president.


12 posted on 02/24/2015 4:30:27 PM PST by Raycpa
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To: Raycpa

Problem is that overturning this crap is going to be a massive thing to do. The media will say look at the evil republicans trying to kick out kids and break up families and then there will be million more of them too.

This admin chooses which laws it enforces, ignores other laws and then makes laws up.
Whether it would be marriage and DOMA, then the drug federal law is ignored, then they make up immigration law.

Not hardly a strong word form most in the GOP , what pathetic weasels they are.


13 posted on 02/24/2015 4:39:51 PM PST by manc (Marriage =1 man + 1 woman,when they say marriage equality then they should support polygamy)
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To: Raycpa
EOs cab be reversed by next president.

Executive memos issued by a cabinet secretary can be withdrawn. Gotta be another reason...?

14 posted on 02/24/2015 4:41:13 PM PST by CedarDave
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To: manc

Yes, agree. Whoever issues them in this administration creates a mess that is very hard if not impossible to reverse. GOPe look out for the next election not what is best for the country. “Second verse, same as the first...”


15 posted on 02/24/2015 4:45:32 PM PST by CedarDave
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To: rainee; CedarDave
The question is why didn't the Emperor sign an executive order

US News actually covered this point, but we are unable to publish US News articles - here's the summary from what the wrote:

The President has two tools he can use to implement laws 1) Executive Order (EO)- By Law signed, President must cite SPECIFIC law (language) that allows him to take EO action

2) Executive Memo (EM)- Does not require president to cite law but (big but) by law, the EM MUST be published in the Federal Register for (60? days) and allow for public comments before EM can go into effect. Even after public comment period, there can be years of appeals by public BEFORE EM can go into effect.

President had no 'legal standing' for the EO (he said so himself 20+ times) so he took the EM route but did not have the EM published in the Federal Register so he could avoid the comment period.

If he gets away with this, our Republic is toast ...

16 posted on 02/24/2015 4:48:18 PM PST by 11th_VA
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To: Perdogg

It doesn’t matter now that the Senate and the House are about to Ratify the dictators edict. THEY ARE VOTING TO FUND THIS DICTATORS DREAM!!!


17 posted on 02/24/2015 4:48:22 PM PST by iowacornman (No Amnesty-- EVER)
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To: CedarDave

No he is waiting for the Senate and the House to ratify his madness with funding and then there is no legal question.


18 posted on 02/24/2015 4:53:31 PM PST by iowacornman (Republicans are worthless)
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To: iowacornman

No he is waiting for the Senate and the House to ratify his madness with funding and then there is no legal question.

**If congress appropriates the funding, then it’s legal? trying to understand..


19 posted on 02/24/2015 4:59:25 PM PST by rainee (Her)
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To: Raycpa

In this case there was no EO or EA written. It was a ploy by Obama. He just issued a memo. That is how blatant this POS is.


20 posted on 02/24/2015 5:07:32 PM PST by eartick (Been to the line in the sand and liked it)
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