Posted on 04/17/2015 2:57:56 PM PDT by 11th_VA
NEW ORLEANS (Reuters) - Two conservative U.S. appeals court judges expressed skepticism on Friday over arguments to lift an injunction blocking President Barack Obama's efforts to overhaul immigration law without congressional action.
Administration lawyers were in court to ask a 5th U.S. Circuit Court of Appeals panel to lift the injunction, issued in February by a federal judge in Texas, halting the president's executive action intended to shield 4.7 million undocumented immigrants from deportation.
(Excerpt) Read more at mobile.reuters.com ...
Gerrymandering has been described as “The process by which politicians select their voters, rather than the other way around”.
This is gerrymandering on an international scale.
Even aside the Constitution, this stupid judge asks if the remedy isn’t legislation. Obama is ignoring the law in this now. I don’t see futher legislation changing that, only impeachment.
Its easy enough for anyone, including these judges, to review all the bogus “agreements” the Obama administration has rammed through in the past 7 years. His credibility is shot and his personal agenda fairly obvious to the average person.
Well, they can’t be removed without a supermajority that is not likely in the offing. But let’s not pick nits.
Have they made a ruling yet, or still hearing arguments?
“Well, they can’t be removed without a supermajority that is not likely in the offing. But let’s not pick nits.”
Heck, there are lots of ways without a supermajority, They could be hounded out of office, they could be tared and feathered, drugs could be planted and them arrested, someone could charge them with rape... and look what happened to Lincoin and JFK.
There are fifty ways to leave your lover...
They had to ask a lot of questions, many many many questions so that they can write a ruling that will hold up at the Supreme Court because that is where this is going.
The least they (the two we hope will rule against the motion to stay=’lift’ the injunction) must do is ***not*** write something that SCOTUS can shoot down. So they need to be careful and precise where needed. What that means is:
1. SCOTUS finds nothing in the lower court ruling that they can use to reverse the decision.
2. In order to reverse the decision SCOTUS must come up with something themselves that none of the lower courts mentioned. This makes it much more difficult on SCOTUS.
The delay may be a good thing. Let the appellate court take a month or two or three to write their decision.
I am wishfully thinking that the 5th Circuit Court of Appeals did the right thing in granting fast track status to the Administration. If they had denied a fast track review, Obama’s people could have immediately taken their emergency motion to the US Supreme Court. By granting the fast track motion, they keep Obama bottled up in lower courts, they keep control of the clock.
The more I read about the developments of this case, the more I am impressed with Judge Hanen, the Texas Governor, Texas Attorney General and Txas Solicitor General. We are blessed to have these people at this time with their ability to anticipate Obama’s moves and respond in a way that frustrates Obama.
I am so looking forward to April 21 this coming Tuesday when the Obama Administration is due back in Judge Hanen’s court with all the data on the 108,000 + DACA extensions that violated Judge Hanen’s order.
Some Freepers have expressed that Judge Hanen should be a US Supreme Court Justice. With President Cruz in the White House, I would think that’s almost a given. And he should replace Roberts as Chief Justice.
I believe that the power of Congress to regulate immigration is contained in the Article I, Section 8 provision that states: To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States
“More open to the administration’s position was Judge Stephen Higginson, an Obama appointee, who questioned Texas Solicitor General Scott Keller on whether his state was seeking an outcome most appropriately achieved through legislation.”
In other words, the liberal justice.
I think of Michelle Obama’s instances of candor before or just after Barry/Soros stole the election the first time around. Paraphrasing from memory, she said: Barack told me all these things he is going to do do. I was speechless. I told him you’ll never be able to do those things.
FR: Never Accept the Premise of Your Opponent’s Argument
Beware of politically correct interpretations of the Uniform Rule of Naturalization Clause (1.8.4), such interpretations used to justify unconstitutional federal immigration laws.
More specfically, note that both Thomas Jefferson and James Madison, Madison generally regarded as the father of the Constitution, had written, in terms of the 10th Amendment nonetheless, that the states have never delegated to the feds, expressly via the Constitution, the specific power to regulate immigration, immigration therefore a state power issue.
As mentioned in related threads, here is the relevant excerpt from Jefferson’s writing.
“4. _Resolved_, That alien friends are under the jurisdiction and protection of the laws of the State wherein they are: that no power over them has been delegated to the United States, nor prohibited to the individual States, distinct from their power over citizens. And it being true as a general principle, and one of the amendments to the Constitution having also declared, that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people,” the act of the Congress of the United States, passed on the — day of July, 1798, intituled “An Act concerning aliens,” which assumes powers over alien friends, not delegated by the Constitution, is not law, but is altogether void, and of no force [emphasis added].” —Thomas Jefferson, Draft of the Kentucky Resolutions - October 1798.
And here is the related excerpt from the writings of James Madison in Virginia Resolutions.
"That the General Assembly doth particularly protest against the palpable and alarming infractions of the Constitution, in the two late cases of the "Alien and Sedition Acts" passed at the last session of Congress; the first of which exercises a power no where delegated to the federal government, ...…
… the General Assembly doth solemenly appeal to the like dispositions of the other states, in confidence that they will concur with this commonwealth in declaring, as it does hereby declare, that the acts aforesaid, are unconstitutional; and that the necessary and proper measures will be taken by each, for co-operating with this state, in maintaining the Authorities, Rights, and Liberties, referred to the States respectively, or to the people [emphasis added]. ”— James Madison, Draft of the Virginia Resolutions - December 1798.
The reason that unconstitutional federal immigration laws are now in the books is likely a consequence of the ill-conceived 17th Amendment (17A), state lawmakers foolishly giving up their voices in Congress by ratifying that amendment.
More specifically, the Founding States had not only originally established the federal Senate, but had given the power to vote for federal senators uniquely to state lawmakers. The idea was that senators were expected to protect their states in Congress by killing bills that stole 10th Amendment-protected powers, such as the power to regulate immigration as indicated by the excerpts above from the writings of Jefferson and Madison.
What’s going on now as a consequence of 17A is this. Low-information voters, voters who have never been taught about the federal government’s constitutionally limited powers, go home and watch football after voting for their favorite federal senators, oblivious to the following major problem. Little do voters know that their corrupt senators are working in cahoots with the corrupt House to pass unconstitutional but vote-winning immigration laws with no constitutional authority to make such laws.
The 17th Amendment needs to disappear.
This is such awesome news for Americans. I know Judge Smith well. He will rip the guts out of this unconstitutional mayhem brought on by the dictator. My concern was the bush appointee because bush picked horrible judges. But She was kicking obama butt today. The third judge was an obama lackey that was let in from the reid evoking the nuclear option but which now we cant seem to do with quivering ganglia ,bitch McConnell.
But we are winning bif time in the the 5th circuit 2 to 1 on illegal alien amnesty by the jack ass in chief. . If we go “en Banc” we win there. We win the Supreme Court unless they “out” Roberts and “blow “their hold card.
“The delay may be a good thing. Let the appellate court take a month or two or three to write their decision.”
I agree.
“I am wishfully thinking that the 5th Circuit Court of Appeals did the right thing in granting fast track status to the Administration. If they had denied a fast track review, Obama’s people could have immediately taken their emergency motion to the US Supreme Court. By granting the fast track motion, they keep Obama bottled up in lower courts, they keep control of the clock.”
Excellent points. I have been thinking, too, that both the District Court and the Circuit Court should drag their feet as much as possible. For one thing, it will infuriate JugEars; for another, it will help run out the clock.
“The more I read about the developments of this case, the more I am impressed with Judge Hanen, the Texas Governor ... I am so looking forward to April 21 this coming Tuesday when the Obama Administration is due back in Judge Hanen’s court with all the data on the 108,000 + DACA extensions that violated Judge Hanen’s order.”
Absolutely. Hanen has been stellar in every respect. He has outsmarted the Dept. of Injustice lawyers, penned them in, and frustrated them at every turn. His opinions in this case are well crafted, and in my opinion will make it difficult for the SCOTUS to overturn him.
“Some Freepers have expressed that Judge Hanen should be a US Supreme Court Justice. With President Cruz in the White House, I would think that’s almost a given. And he should replace Roberts as Chief Justice.”
I am one of those FReepers, and CJ would be just fine with me.
How much time do you figure this will be locked up in the lower courts before it reaches the Supreme Court?
The article is an okay coverage except one statement which seems to have left out the words ‘to consider’ and perhaps should have never been put in the article... Oh how the liberal press just cannot stop coloring the news..
The 5th Circuit is due to hear a full appeal later this year to permanently undo the lower court’s decision in a case that could ultimately be decided by the U.S. Supreme Court.
(Reporting by Jonathan Kaminsky in New Orleans and Julia Edwards in Washington; Editing by Michael Perry and Mohammad Zargham)
Do you happen to have a source for that? It’s damning evidence of the fecklessness of the GOP.
how about work permits and drivers licenses?
And that fact is written in black and white in the Cloward-Piven Plan, who was partially authored by Frances Fox Piven, who was one of the founders of The New Party right there in Chicago. The plan was to destroy America from within by pushing her “kindness” to unsustainable levels by increasing the number of people on welfare. Open borders were critical to that plan, with the added advantage that the illegals draining our welfare system would also be used to sabotage elections. The economy was also to be sabotaged by exploiting “Black Civil Rights” sympathies to force banks to give loans to people who could never pay them back. IOW, the plan was to destroy America by exploiting America’s “kindness” and generosity, specifically regarding Blacks and illegal immigrants.
The plan required legal action, however, and the person to take on those 2 legal actions was a signed New Party member whose law degree had been funded by Islamist Saudis with logistical help from the communist family of Bill Ayers (2 groups who have sworn to destroy America by exploiting our kindness): Barack Hussein Obama II, of whom Mrs. Ayers told the postman that he was a foreign student that they were helping through schooling.
In the only 2 significant legal actions he used his law degree for, Obama sued to force Illinois to implement the federal Motor Voter Act, which made huge voter fraud possible all over America because of the precedent set, AND in the name of racial quotas harassed banks into sub-prime lending - which led to the economic collapse in Sept of 2008 which got Obama elected.
Now he is single-handedly declaring by executive order that all the illegals that the Cloward-Piven plan to destroy America called for shall not only be allowed to enter the country, but the only actions anybody can do in response is to give them welfare and voting rights.
Given Obama’s involvement with The New Party, the people who arranged for his law degree, what he used his law degree for, and what he is doing now, there should be NO DOUBT WHATSOEVER that Obama is an enemy combatant who is and always has been aligned with America’s 2 strongest enemies, and using their expressed methodologies to destroy this country from within.
Given all those things and additional information that will hopefully be coming out, there should be NO DOUBT WHATSOEVER that he is a FOREIGN enemy combatant whose puppet-masters went to great lengths to take the system hostage so that his true history could be hidden and REMAIN hidden.
This man should be in Gitmo getting everything he deserves from his puppet-masters.
Here you go (scroll down):
http://en.m.wikipedia.org/wiki/List_of_federal_judges_appointed_by_Barack_Obama
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