Posted on 02/18/2015 8:11:12 AM PST by xzins
Judge Hanen’s reasoning is set out in an opinion that is over 120 pages. But in essence, as the judge himself summarizes, the injunction is being issued “due to the failure of the defendants to comply with the Administrative Procedure Act.” As I explained when the lawsuit was first filed by the states back in December, the Administrative Procedure Act governs the issuance of new rules and regulations by government agencies. It requires public notice and opportunities to comment before a substantive rule can be enacted and bars arbitrary or capricious actions by agencies.
To give Obama a DISTRACTION ?
From what?
While I have some hope that the 5th district appeals court might uphold Judge Hanen’s ruling, I have little hope that it might prevail in the US Supreme Court. I’m sure Justice Roberts will by some twisted sophistry vote with the liberal members of the Court that Obama can in fact act like an emperor.
If the process follows a normal calendar, Obama might be gone by the time the Scotus rules. Napolitano was saying last night that he thinks if the 5th circuit sides with Judge Hanen, that the Scotus very likely will not even take it up. That gets Roberts off the hook, too.
I was hoping for something like that. Even if Obama and his little dog Holder appeal, the Courts will run out the clock on them.
Do you have a link to Hanen’s entire opinion? I can’t seem to find it.
I think it’s out there somewhere. I’ll look.
Thanks, Enterprise. I wanted to see how exactly he argued the Administrative Act portion of his opinion.
https://www.documentcloud.org/documents/1668197-hanen-opinion.html
The full opinion - the link is not an official source, but the document appears to be genuine.
Venting...thanks
If judges and elected? officials can’t stop this joke of a “tax”
Than what chance does the little guy have?
I don’t live in a city so maybe everyone there loves Obama or what he has done?
Although, even the libbers are admitting most of key elements of this were all based on lies.
Anyhow, the people who are supposedly are against this overwhelmingly out number those that are for this?
Yet here we are? Apparently we got snookered? by the left? into this and now we are powerless to do anything about it?
The Tea Party has left the building?
Where is the big revolt from the Tea Party and or every day citizens who are tired of big governemnt? They are all in line signing up for Obama Care that’s where they are.
I guess they lost? I guess we all lost? So now we comply?
This would not have had to be a bloody revolt even. Just a mass refusal to sign up for a unjust tax. No Tea in the Harbor. Just a mass refusal to pay a unjust “tax” arrived at through lies and deciet.
This all tells me at the end of the day we are all basically powerless.
Whats nexted?
Global Warming Tax?
Internet Tax?
$8 gallon gas tax?
You will comply to what we feel is best for you or we will take it from you...tax?
What is to stop them. Just declare it a tax and viola problem solved.
Even if “our guy” wins what can be done?
Pandora is out of her box!
I must admit that in the end, while i might take the 2% hit once or twice, i will have no choice but to “live” with it and whatever they decide to foist on us?
If it’s illegal Obama does it.
Thanks to both of you. I’ll be searching it for the judge’s thoughts on the Admin Act. Some are questioning his neutrality on the opinion, and others, as in this article, question that this law is a ‘gray area’.
I’m concerned more with the text of the law he uses and his logic in applying it. I’m betting it’s rock solid.
There is a similar provision in the Simpson/Mazzoli Act signed by President Reagan. The president is prohibited from any executive action that would permit employers to issue social security access to illegal immigrants. It sounds like that provision finds its origin in this Administration Law Act.
If Obama does it, it's illegal.
There - fixed it.
I wonder if he looked first at the Simpson/Mazzoli Act, and researched it further to get to the Administrative Procedure Act. I’m also hoping that he is on solid ground.
Vent continued...
I meant to end with Amnesty. It really doesn’t matter what it is. Whatever King Obama wants, along with his loyal pseudo-intellectual court jesters, let it be so!
Comply ( or submit, if you prefer, for you infidels! )
Powerless. :(
What does the 5th Circuit look like?
Is it one of the courts Obama was actively packing under Reid’s nuclear option, like the DC Circuit?
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