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.
“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?
Dotto that....and maybe Judge Hansen will have some further probing questions...followed up by appropriate sanctions...regarding the 500,000 social security number Obama had issued to illegals.