Texas judge's immigration rebuke may be hard to challenge

yahoo.com ^ | 2/18/15 | David Ingram and Mica Rosenberg

[cotton1706]

NEW YORK (Reuters) - President Barack Obama's administration faces a difficult and possibly lengthy legal battle to overturn a Texas court ruling that blocked his landmark immigration overhaul, since the judge based his decision on an obscure and unsettled area of administrative law, lawyers said.

In his ruling on Monday that upended plans to shield millions of people from deportation, U.S. District Judge Andrew Hanen avoided diving into sweeping constitutional questions or tackling presidential powers head-on. Instead, he faulted Obama for not giving public notice of his plans.

The failure to do so, Hanen wrote, was a violation of the 1946 Administrative Procedure Act, which requires notice in a publication called the Federal Register as well as an opportunity for people to submit views in writing.

The ruling, however narrow, marked an initial victory for 26 states that brought the case alleging Obama had exceeded his powers with executive orders that would let up to 4.7 million illegal immigrants stay without threat of deportation.

[Charles Martel]

Why wouldn't Obama simply start over, reissue his EO and do it per the law? How long would that take?

The article linked at #14 suggests that the remainder of Obama's term may not be adequate to restart the process. I'm not sure if any expediting procedures exist under the law in question.

[Political Junkie Too]

Last night, Mark Levin pointed out that it went further than prosecutorial discretion because they didn't stop at failure to deport; they became proactive in giving them working papers and setting up jobs and benefits. That's when it encroached on legislating.

-PJ

[nathanbedford]

Thanks

[Oldeconomybuyer]

Judge Andrew Hanen avoided diving into sweeping constitutional questions or tackling presidential powers head-on.

False. Judge Hanen wrote that the White Hut is trying to “enact a program whereby it not only ignores the dictates of Congress, but actively acts to thwart them.”

[Georgia Girl 2]

A win is a win.

[Savage Beast]

We need Judge Andrew Hanen on the Supreme Court.

[InterceptPoint]

The article linked at #14 suggests that the remainder of Obama's term may not be adequate to restart the process.

Good. Thanks for posting.

[Timber Rattler]

Very smart and wise judge. I wish we had more of them.

[TangoLimaSierra]

Maybe he can’t read cursive. ;)

Ha!