D.A.P.A or Deferred Action for Parents of Americans and Lawful Permanent Residents program – is the executive action Obama attempted in November of 2014 which was shut down by Federal Judge Andrew Hanen in February ’15 with the issuance of an emergency injunction.

• The DOJ appealed the Hanen injunction, on merit, to the 5th Circuit Court of Appeals and lost.
• The DOJ then appealed the Hanen injunction, on standing, to the 5th Circuit Court of Appeals, and lost again.

The DOJ then filed an appeal with the US Supreme Court.  The court has yet to determine if they will hear the case, however today SCOTUS granted a partial common procedural extension to the 26 states who filed the original lawsuit:

[…]  A court spokeswoman said Tuesday that the court had granted only an eight-day delay for the states’ filing. The Justice Department had said it was amenable to a delay of that length, which would still allow the decision on whether to take the case to be debated by the justices in January.

The court released no statement or explanation for its action. A court spokeswoman did not immediately respond to a question about whether one or more justices made the decision on the delay or whether only the court’s clerk was involved. (link)

The DOJ has appealed their twice lost challenge to the Supreme Court; however, all of their appeals have been to remove the injunction – It is important to remember THE UNDERLYING CASE, the actual lawsuit, HAS NEVER BEEN ARGUED or HEARD.

We have stated the Obama/DOJ plan of action, which is seeking only to remove the injunction and not assert the underlying Executive Action legality, is evidence the White House never intended to win the underlying case. – See Here –

President Obama only wants the injunction lifted so he can fulfill his objectives of “fundamental change”.  (Full Backstory Here)