Posted on 04/17/2015 2:40:12 PM PDT by Theoria
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.
The programs angered many Republicans who accused the president of executive overreach and granting amnesty to lawbreakers, but drew praise from immigrant rights advocates, more than 100 of whom rallied outside the courthouse in New Orleans during and after the oral arguments.
Judge Jennifer Elrod was the most openly skeptical of the administration's argument that the executive action conferred no benefits on the undocumented immigrants it covered, but merely granted them provisional relief from prosecution.
What if the administration put out a similar rule that applied to all undocumented immigrants, Elrod asked acting Assistant Attorney General Benjamin Mizer.
"Would that be unlawful?" she asked.
Also expressing misgivings was Judge Jerry Smith, who said a U.S. Supreme Court case in which several states were found to have standing in suing federal environmental regulators over lacking carbon emissions rules would weigh heavily in his judgment of whether Texas had standing in the present case.
Both judges were appointed by Republican presidents - Elrod by George W. Bush, and Smith by Ronald Reagan.
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.
(Excerpt) Read more at news.yahoo.com ...
Glad to see it going this way!
The pen and phone is mightier than the sword of the law. Obama will do whatever he wants on immigration. Congress will stand by and watch him trample the constitution.
Lifting the injunction would be an extraordinary action.
Yet the media leads it’s audience to believe otherwise. That it’s ‘politics’.
They’re scum: greedy, lying scum.
“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.”
I thought the point was that the outcome was achieved through legislation, but the Administration unlawfully ignored it.
“seeking an outcome most appropriately achieved through legislation”.
You mean like the legislation that Obama just violated and refuses to enforce?
Just wait till Hitler finds out that Texas Judge Hanson read about it in the newspaper.
Full Definition of LEGISLATION
1
: the action of legislating; specifically : the exercise of the power and function of making rules (as laws) that have the force of authority by virtue of their promulgation by an official organ of a state or other organization
2
: the enactments of a legislator or a legislative body
3
: a matter of business for or under consideration by a legislative body
I have always understood “legislation” to be a somewhat generic term used to describe a process, or rules in their plastic state as they are being debated and eventually finalized.
Obama took and oath—twice—to protect and defend the Constitution. Even after publicly stating his skepticism in his ability to do certain things, Obama is now consciously violating and intentionally refusing to enforce not legislation but what are called “laws”.
What’s really ridiculous is that this is termed an “emergency” - the TRO should be vacated since some sort of terrible harm may come if it isn’t.
The only harm that will accrue is to the Soetoro administration and his co-criminals called the Rat party.
There’s no hurry at all to hand the entire legislative power to him. And there’s certainly no hurry to decide the fate of illegal aliens who have been here for no one knows how long.
They can all just cool their heels until it all shakes out.
Which hopefully is “never”, as in this guy can’t just wave a wand and call you citizens.
Bttt
To do otherwise would jeopardize reelection. It is why the 17th Amendment must go.
True. What other grounds for impeachment does the House need? Not that there aren’t others. How about the nuke deal going on now? Again ignoring the sanctions put in place by Congress.
Professional politicians look out for their own professional interests. Just sayin...
Judges. Doing the work elected Republicans won’t.
Em banc review perhaps. I forget what the overall makeup of this court is. I think it leans conservative. That means it’s time to break out the Jonny Roberts blackmail photos.
Damn thumbs!! That’s en banc.
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