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Obama immigration orders likely headed for new legal setback
Politico ^ | 7/10/15 | Seung Min Kim

Posted on 07/10/2015 6:24:39 PM PDT by Elderberry

President Barack Obama appears likely to lose – again – in the protracted legal fight over his executive actions on immigration.

Two of the three appeals court judges who heard oral arguments Friday on the Obama administration’s immigration programs were skeptical about the legal merits of the directive, which could halt deportations for more than 4 million immigrants here illegally who have family ties in the United States

The chilly reception from the three-judge panel in the Fifth Circuit Court of Appeals on whether Obama had legal authority to take such action seems to indicate that a lower court decision blocking the new programs would stay in place.

The Obama administration has argued that the executive actions were a standard use of prosecutorial discretion, since the federal government does not have the resources to deport the estimated 11 million immigrants here illegally. But Judge Jerry Smith disputed that contention.

“It puts them one step ahead in terms of being eligible for lots of potential benefits, whether those are Social Security and Medicare, work authorization, earned income tax credits, and on the state level, drivers’ licenses,” Smith said of immigrants who would benefit from Obama’s actions. “Just seems to me that … it really is a lot more than prosecutorial discretion.”

And Judge Jennifer Walker Elrod, like Smith a Republican appointee, repeatedly grilled administration lawyers on Friday.

(Excerpt) Read more at politico.com ...


TOPICS: Crime/Corruption; Front Page News; Government
KEYWORDS: amnesty; andrewhanen; executiveorder; fifthcircuitcourt; immigration
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1 posted on 07/10/2015 6:24:39 PM PDT by Elderberry
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To: Elderberry

Good, he should lose.

The DREAM Act never passed Congress.

Presidents can’t pretend things have passed Congress and implement them by themselves.

Well, they didn’t used to be able to, this may be the first time it’s been tried.


2 posted on 07/10/2015 6:28:30 PM PDT by Lurkinanloomin (Know Islam, No Peace - No Islam, Know Peace)
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To: Elderberry

-— Now, the bigger question in the legal case is timing — and whether a high-stakes legal fight over Obama’s immigration actions will explode in the heat of the 2016 presidential campaign.

The Fifth Circuit judges don’t have a deadline for delivering their final ruling. And after the appeals court considered the stay, that ruling wasn’t handed down until more than a month after the oral arguments in April.

It’s conceivable that — if the battle goes to the Supreme Court and justices take the case — a final decision on the legality of Obama’s actions may not come before June 2016. -—


3 posted on 07/10/2015 6:29:40 PM PDT by Elderberry
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To: Elderberry

Baraq cares not a whit about laws.


4 posted on 07/10/2015 6:41:18 PM PDT by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: Elderberry

They should run out the clock on Obama.


5 posted on 07/10/2015 6:41:49 PM PDT by Red Steel
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To: Elderberry

This “Constitutional Law Professor” has done a huge disservice to students who took his, class. They are likely to be struck down as idiots in Court for taking positions that Professor Zer0 taught as correct. How unfortunate for them


6 posted on 07/10/2015 6:44:19 PM PDT by Sasparilla (If you want peace, prepare for war.)
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To: Elderberry

Naw, it Deja Vu all over again.

Can’t wait for the White House to be lit up with the Mexican Flag.


7 posted on 07/10/2015 6:47:14 PM PDT by Kickass Conservative (They Live, and we're the only ones wearing the Sunglasses.)
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To: Sasparilla

“This ‘Constitutional Law Professor’ has done a huge disservice to students who took his class. They are likely to be struck down as idiots in Court for taking positions that Professor Zer0 taught as correct. How unfortunate for them!”

LOL! Find me one. Just ONE! ;)


8 posted on 07/10/2015 6:51:02 PM PDT by Diana in Wisconsin (I don't have 'Hobbies.' I'm developing a robust Post-Apocalyptic skill set...)
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To: Diana in Wisconsin

...LOL. Find me just one...

I think that if any would admit to being in his “class,” that they are embarrassed to say so. More lost “history.” It certainly wouldn’t be on my resume.


9 posted on 07/10/2015 6:56:21 PM PDT by Sasparilla (If you want peace, prepare for war.)
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To: Diana in Wisconsin
“This ‘Constitutional Law Professor’ has done a huge disservice to students who took his class.

Wonder how many "students" this constitutional law "professor" actually had?

10 posted on 07/10/2015 7:14:39 PM PDT by The_Media_never_lie (The media must be defeated any way it can be done.)
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To: Kickass Conservative

This says it all. Expect a solid bloc of 4 votes at SCOTUS and Kennedy/Roberts joining them.

“The lone Democratic appointee on the panel appeared to lean in favor of the administration’s arguments, and gave the lawyer representing Texas and 25 other states suing the administration one of the toughest rounds of questioning.
Judge Carolyn Dineen King, who was appointed by President Jimmy Carter, repeatedly pressed Texas Solicitor General Scott Keller on an argument that the states suing Obama did not want to give immigrants the legal ability to work — even if they were unlikely to be deported.”


11 posted on 07/10/2015 7:19:42 PM PDT by Steelfish
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To: Steelfish

No doubt, the Fix is in and it’s just a matter of time.


12 posted on 07/10/2015 7:25:28 PM PDT by Kickass Conservative (I know I left my Tagline around here somewhere...)
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To: Red Steel

With his contempt for petty things like laws and court rulings, do you think he will leave office per the 22nd?


13 posted on 07/10/2015 7:57:21 PM PDT by Lexinom
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To: Lexinom

Shoot’n war likely wouldn’t be too far behind if he does play Stalin.


14 posted on 07/10/2015 8:05:30 PM PDT by Red Steel
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To: Lurkinanloomin
Presidents can’t pretend things have passed Congress and implement them by themselves.

Don't worry, Roberts is working on that. Don't worry. He will just say that as long as it can be reasonably established that a sufficient number of people in Congress supported it for it to have passed with the smallest quorum possible, the courts can just deem it passed. I.e., as long 25%+1 in each house on congress supported it, it is law.

However, don't think about trying to expand this too broadly. Kennedy will wave his hands and say this rule only applies to certain kinds of laws, not all of them.
15 posted on 07/10/2015 8:09:11 PM PDT by ronnietherocket3 (Mary is understood by the heart, not study of scripture.)
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To: Diana in Wisconsin

He was never a professor of anything, much less Constitutional Law. He was a part time lecturer who lectured on “Rules For Radical” by Saul Alinsky.
The real professors there did not like him, thought he was lazy.


16 posted on 07/10/2015 8:12:29 PM PDT by Lurkinanloomin (Know Islam, No Peace - No Islam, Know Peace)
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To: ronnietherocket3

After their recent rulings, I would not be surprised.
We seem to have left rational thought behind.


17 posted on 07/10/2015 8:14:44 PM PDT by Lurkinanloomin (Know Islam, No Peace - No Islam, Know Peace)
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To: Red Steel

Enforcement has to come from somewhere, else the whole system crumbles. Bumpy road ahead, I fear... but sweet America must be and should be preserved... Better men have kept her to this point, and worthless men are trying to dissolve her...


18 posted on 07/10/2015 9:02:56 PM PDT by Lexinom
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To: Elderberry

He doesn’t care. He didn’t stop after the lower court injunction did he? And more to the point, who is going to force the administration to stop?


19 posted on 07/10/2015 9:03:16 PM PDT by JGT
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To: Elderberry

He’ll do it anyway. Perhaps if a few officials went to jail.....


20 posted on 07/11/2015 7:58:20 AM PDT by headstamp 2
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