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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: 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

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: 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: 11th_VA

Its easy enough for anyone, including these judges, to review all the bogus “agreements” the Obama administration has rammed through in the past 7 years. His credibility is shot and his personal agenda fairly obvious to the average person.


24 posted on 04/17/2015 4:36:46 PM PDT by fivecatsandadog ("Islam is Islam. There are no modifiers. It's a political movement masquerading as a religion.")
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To: 11th_VA

Have they made a ruling yet, or still hearing arguments?


26 posted on 04/17/2015 4:51:33 PM PDT by Hardens Hollow (Couldn't find Galt's Gulch, so created our own Harden's Hollow to quit paying the fascist beast.)
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To: 11th_VA

I think of Michelle Obama’s instances of candor before or just after Barry/Soros stole the election the first time around. Paraphrasing from memory, she said: Barack told me all these things he is going to do do. I was speechless. I told him you’ll never be able to do those things.


31 posted on 04/17/2015 6:09:59 PM PDT by concernedcitizen76 (Term limits. Repeal the 16th and 17th amendments. Sunset bureaucracies.)
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To: 11th_VA

This is such awesome news for Americans. I know Judge Smith well. He will rip the guts out of this unconstitutional mayhem brought on by the dictator. My concern was the bush appointee because bush picked horrible judges. But She was kicking obama butt today. The third judge was an obama lackey that was let in from the reid evoking the nuclear option but which now we cant seem to do with quivering ganglia ,bitch McConnell.
But we are winning bif time in the the 5th circuit 2 to 1 on illegal alien amnesty by the jack ass in chief. . If we go “en Banc” we win there. We win the Supreme Court unless they “out” Roberts and “blow “their hold card.


33 posted on 04/17/2015 6:38:36 PM PDT by iowacornman (Speak out with courage!!)
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To: 11th_VA

The article is an okay coverage except one statement which seems to have left out the words ‘to consider’ and perhaps should have never been put in the article... Oh how the liberal press just cannot stop coloring the news..

The 5th Circuit is due to hear a full appeal later this year to permanently undo the lower court’s decision in a case that could ultimately be decided by the U.S. Supreme Court.

(Reporting by Jonathan Kaminsky in New Orleans and Julia Edwards in Washington; Editing by Michael Perry and Mohammad Zargham)


36 posted on 04/17/2015 9:11:14 PM PDT by ICCtheWay
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To: 11th_VA
RE:”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. “

how about work permits and drivers licenses?

38 posted on 04/18/2015 3:17:21 AM PDT by sickoflibs (King Obama : 'The debate is over. The time for talk is over. Just follow my commands you serfs""')
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To: 11th_VA

This charade by Obama and his enables now displays their duplicity as to law. If a person is subject for some reason to legal prosecution and you tell me that there is no ‘benefit’ by giving relief I will tell you that such is what fools are schooled to argue. Any person(s) making such a presentation should not be allowed any government job except perhaps as a toilet cleaner.


41 posted on 04/18/2015 9:44:18 AM PDT by noinfringers2
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