President Obama’s next, most likely last, hope to implement his Executive Action on Immigration will take place this week.  MSM Silent.

Texas Judge Andrew Hanen previously blocked Obama’s 2014 unconstitutional “Executive Action on immigration” which expanded deferred deportation and granted employment status for illegal aliens.   The DOJ appealed the injunction to the 5th Circuit Court of Appeals.  On May 26th, 2015, the DOJ lost and Hanen’s injunction was upheld by a three judge panel within the appellate court (2-1).

The DOJ had two options after their loss in the 5th Circuit Court of Appeals:

♦ They could request a summary review by the U.S. Supreme Court (the 5th CCA district review SCOTUS justice is Antonin Scalia).  Or,
♦ they could ask for the entire panel (full panel) of the 5th CCA to seat and hear full oral arguments.

Two days after their appellate loss, on May 28th, the DOJ chose the latter.  An expedited hearing was scheduled for July 10th,  THIS FRIDAY.

Reps. Luis Gutiérrez (D-Ill,), Raúl Grijalva (D-Ariz.) and advocates for immigration reform are planning to rally outside the court on Friday to call for an end to the delay in implementing the Obama’s immigration initiatives.

In a news release, Gutiérrez said these programs would allow millions of hardworking and longtime residents to apply for work authorization and to remain in the United States with their families. (link)

The stakes at the end of this week are substantial.

Judge Hanen’s injunction is well founded because the 26 states accurately outlined significant harm which would be caused if the Executive Action policies were allowed to continue while the underlying case about its constitutionality was being argued.

The part most people don’t understand is that Team Obama did not, and do not, plan on winning the underlying case.  Instead the White House is counting on being able to carry out the policies within the presidential declaration.   Consequently, the administration needs the injunction lifted more than they need to argue the merits of the underlying case.

The underlying case is a sure loss for the Obama administration because the construct of the executive action clearly oversteps the constitutional authority provided to the executive branch.   The primary reason for predictable defeat is the effect the executive action has on employment law.

The White House knows they will lose the underlying case, their goal is simply to drag out the litigation while they are rolling out the changes.   By the time the executive action, the underlying case, -which directs the changes- is ruled unconstitutional, it will be impossible to roll those changes back.

Getting the injunction lifted is the absolute goal !