Fifth Circuit Upholds Injunction Against Obamnesty

by JASmius



As I predicted.  Which means the White House will be ignoring federal court orders on two levels, now:

A federal appeals court refused Tuesday to lift a temporary hold on President Barack Obama’s executive action that could shield as many as [twenty] million [alien]s illegally living in the U.S. from deportation.

The U.S. Justice Department had asked the Fifth U.S. Circuit Court of Appeals to reverse a Texas judge who agreed to temporarily block the president’s plan in February, after twenty-six states filed a lawsuit alleging Obama’s action was unconstitutional. But two out of three judges on a court panel voted to deny the government’s request. …

Justice Department lawyers sought a stay while they appealed the injunction. They argued that keeping the temporary hold interfered with the Homeland Security Department’s ability to protect the U.S. and secure the nation’s borders.

<eye roll>

They also said immigration policy is a domain of the federal government, not the States.

Which it isn't; on immigration, the jurisdiction between the feds and the States is concurrent.

But, in Tuesday’s ruling, Fifth Circuit judges Jerry Smith [Reagan appointee] and Jennifer Walker Elrod [Bush43 appointee] denied the stay, saying in an opinion written by Smith, that the federal government lawyers are unlikely to succeed on the merits of that appeal. Judge Stephen Higginson [Obama appointee] dissented.

Again, as I predicted.  A constitutional ruling because the constitutionalist judges outnumber the communist oligarchs.

Captain Ed notes that the three judge subpanel appears to have effectively opined (in "sneak preview" fashion) on the entire case, not just the Regime's appeal to stay Judge Hanen's injunction, and that clearly indicates that in this venue, Obamnesty ain't gonna fly.

But, in the words of The Woman Who Will Never Be President, "What difference, at this point, does it make"?  Obamnesty implementation continues forward, regardless of court orders and injunctions and appeals.  It doesn't much matter whether they appeal this latest slap-down to the full Fifth Circuit and to the SCOTUS after that, both because the result will be the same and because it is just as irrelevant.  The case itself is even more so.  Indeed, if there is any strategic purpose to the Regime's legal maneuverings, it is to drag out the process as long as possible, so that when the Supremes finally slap down Obamnesty once and for all, Amerexico will already be being run from Mexico City and the ruling will have to be issued in Spanish-only.

A fait accompli, in other words.  Which is why the States had better figure out in a big, big hurry that nullification of Obamnesty is their only practical constitutional option.


UPDATE: Nope, O isn't appealing the injunction he's ignoring any further.  Which simply drops the charade that he was ever heeding it in the first place. <shrug>