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U.S. appeals court judges skeptical over lifting hold on Obama immigration order
Reuters ^ | Apr 17, 2015 4:07pm EDT | By Jonathan Kaminsky

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 ...


TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; Government
KEYWORDS: 5thcircuitappeals; aliens; amnesty; court; fifthcircuit; immigration; injunction
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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.

1 posted on 04/17/2015 2:57:56 PM PDT by 11th_VA
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To: 11th_VA

It’s sounding good so far!


2 posted on 04/17/2015 2:58:59 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: Star Traveler

Thank God for ONE judge with guts ...


3 posted on 04/17/2015 3:01:24 PM PDT by 11th_VA (where's Brutus?)
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To: 11th_VA

Yes, but I weep for the scores of judges Obama was able to ram through after Dingy Harry pulled the nuclear option. Those hard core Leftists will be ruling for decades to come.............


4 posted on 04/17/2015 3:03:04 PM PDT by originalbuckeye (Not my circus, not my monkeys.......)
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To: originalbuckeye

And Harry knew exactly what he was doing ...


5 posted on 04/17/2015 3:04:14 PM PDT by 11th_VA (where's Brutus?)
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To: 11th_VA

6 posted on 04/17/2015 3:05:00 PM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: 11th_VA

The judges are probably confused about Barack Hussein Obama ignoring the laws he dislikes and making up laws he likes.
He and his Justice department are charged with “enforcing” the laws, not making laws up to serve a political agenda.

“I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

There’s nothing in Article II about the executive branch serving as some sort of `pocket legislature’.


7 posted on 04/17/2015 3:10:17 PM PDT by tumblindice (America's founding fathers: all armed conservatives.)
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To: 11th_VA

Their skeletons will be found and they’ll get an attitude adjustment. ..


8 posted on 04/17/2015 3:11:51 PM PDT by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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To: 11th_VA

I think there are two judges who are skeptical of the Administration’s position. Perhaps that’s not clear here, in this article, but it was more clear in another article I read.


9 posted on 04/17/2015 3:25:56 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: Star Traveler

I meant the first judge that started this - without him, we would be toast


10 posted on 04/17/2015 3:28:23 PM PDT by 11th_VA (where's Brutus?)
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To: originalbuckeye

They need to be neutered by the next President. Take away their jurisdiction, transfer them to Northern Maine and give them indian casino cases. They can’t be removed, but they don’t have to be catered to.


11 posted on 04/17/2015 3:29:13 PM PDT by Defiant (Making Stephy a news anchor is like making an arsonist the fire chief.)
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To: 11th_VA

Yep ...


12 posted on 04/17/2015 3:29:31 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: Defiant

“They can’t be removed, but they don’t have to be catered to.”

Well clearly they CAN be removed...


13 posted on 04/17/2015 3:39:02 PM PDT by babygene
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To: Travis McGee

And the GOP is right behind him in the great, global American giveaway:

http://www.draftexpress.com/profile/Guillermo-Hernangomez-7204/


14 posted on 04/17/2015 3:39:05 PM PDT by 9YearLurker
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To: 11th_VA

The Obama appointee wants the states to go to Congress and get legislation to stop Obama. Is that what the states must do each time Obama disregards congressional intent?


15 posted on 04/17/2015 3:48:12 PM PDT by Steelfish
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To: Steelfish

Does this even matter? Dear Leader will just ignore it.


16 posted on 04/17/2015 3:52:23 PM PDT by phormer phrog phlyer
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To: 11th_VA; All

Why are these judges seemingly GUESSING possible problems with lawless Obama’s constitutionally indefensible executive excuse concerning illegals?

With all due respect to the judges, what does it take to have a look at the under two pages of the federal government’s constitutional Article I, Section 8-limited powers and conclude that the states have never delegated to the feds, expressly via the Constitution, the specific power to regulate immigration, immigration uniquely a 10th Amendment-protected state power issue?


17 posted on 04/17/2015 3:59:21 PM PDT by Amendment10
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To: Star Traveler

Finally, some judges with integrity.


18 posted on 04/17/2015 3:59:54 PM PDT by Signalman
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To: Signalman

It’s encouraging!


19 posted on 04/17/2015 4:01:26 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: originalbuckeye

Most Obama judges would have been confirmed even if there was no “nuclear option.”
307 Obama-nominated federal judges have been confirmed.109 were confirmed unanimously, 38 were confirmed by unanimous consent, 63 were confirmed on a voice vote. That adds up to 210 judges who were unchallenged and 97 who were challenged.


20 posted on 04/17/2015 4:05:11 PM PDT by Nero Germanicus (PALIN/CRUZ: 2016)
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