Posted on 04/08/2015 7:35:13 AM PDT by don-o
Two judicial rulings yesterday, one in Obama’s favor and one against. However, the ruling released late last night shows a crafty piece of judicial chess.
The first ruling yesterday was a 5th District Court of Appeals decision in Mississippi VS DHS (more here). The 5th circuit ruled against the State of Mississippi, and in favor of the Obama DOJ, by essentially ruling the State failed to prove a burden of harm.
The second aspect inherent within the same 5th DCA ruling disregarded concerns of ICE/DHS retaliation -against border patrol enforcement- by asserting DHS rules forbid the retaliation; ergo the concerns were unfounded.
In the second issue, the ICE agents’ argument that they would receive retribution if they detained an illegal immigrant eligible for DACA, the court sided with ICE and DHS referencing handbooks and rules which forbid the administration from retribution. (link)
However, in the second case, the ruling late last night, Texas vs DHS, under the authority of Judge Andrew Hanen, the expanded Obama Executive Action was blocked from implementation in February.
Judge Hanen issued an emergency injunction stopping the expanded deferment authorization in outlined in President Obama’s November 2014 executive action.
Since the initial ruling the DOJ was now arguing for a lifting of that injunction, and Judge Hanen was having none of it.
(Excerpt) Read more at theconservativetreehouse.com ...
Well. Cue the Cir Ct.
Good for the judge but I wouldn’t be surprised if certain inquiries weren’t instituted into this judge’s private life and in a few weeks we might just see a sudden about-face.
ping
Good, now all he has to do is issue an enforcement order of his ruling and good luck with that.
BOOM ! By using Obama’s own words Judge Hanen deconstructs the previous 5th DCA assertion of “no possibility for punitive harm” in the Mississippi ruling; and simultaneously puts an affirmative consideration into his own ruling – which proves the “possibility for punitive harm” in the Texas case before him which he is deciding. Brilliant Judicial Chess Move. By waiting to see the outcome of the Mississippi case (5th DCA) Judge Hanen has essentially removed one weapons which the DOJ attorneys could use against his own ruling when it enters the same appellate court.
DHS secretly processed 100,000 applications that turned out to be subject to the stay. The judge should ask DHS how they intend to reverse these waivers. Of course when DHS whines about how hard an unfair that would be they are making the case for the staying the other millions of applications.
Thanks
All of this taking place while thousands of illegals are being flown in every day to a city near YOU! Our laws mean NOTHING.
Hanging Tough. Go Judge Hanen!
The order is linked in the article and is well worth reading.
Although I may not completely understand all of it, the part wherein the Judge uses Obama’s and Josh Earnest’s own words is absolutely clear.
Could be copied and pasted into Articles of Impeachment.
What evidence have we seen that the injunction ACTUALLY stopped the administration? All I see are statements that there was an injunction, with the supposition that it had the intended effect.
Hanen had that exact question on March 19. I have not seen any answer forthcoming from the defendants. I think that is the reason the plaintiffs requested expedited discovery - to get the documentation of what the government had already done.
bump for those who missed this most excellent piece
This should be in Breaking News!!!!
We have found a new Supreme Court Justice.
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