Hanen Injunction Update – DOJ Takes Injunction Appeal To Full Panel of 5th Circuit Court – Scheduled For July 10…

~ AGAIN, The Social Justice Crowd is Trying To Win By Losing ~

Earlier this week the DOJ lost an appeal to lift an injunction put in place by Judge Andrew Hanen, which blocks execution of President Obama’s Immigration Executive Action.  The injunction remains in place.

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 of the 5th CCA to seat and hear full oral arguments.   The DOJ has chosen the latter.

Obama_seal

The Hill is reporting the 5th Circuit has expedited the request and will hear oral arguments on July 10th, (written arguments previously filed with original judicial appeal).

Meanwhile, the DOJ will have to move forward on defending the merits of the underlying case which stems from a lawsuit filed by Texas, and joined by 26 other states, claiming the Obama Executive Action is an unconstitutional overreach of power, and therefore illegal.

The merit of the underlying lawsuit is factually -and profoundly- strong; hence the origin of, and merit toward, the Hanen injunction itself which blocks implementation of the Obama overreach.

However, it is important to remember the original Obama Executive Action was not a legal doctrine per se’.  It was a very political policy decision that holds no factual basis for survivability in law; or, as in this example, in legal challenge.

Most people are missing the political nature of the Executive Action, and therefore missing the goal of the DOJ/DHS approach.

The DOJ does not plan on winning the underlying case.

– Stop –

– Repeat –

The DOJ does not plan on winning the underlying case.

The underlying case is unwinnable; they know this.  That’s why President Obama’s own Office of Legal Counsel (OLC) advised and instructed the White House to change the language of the immigration ‘Executive Order’ which has connotations for lawful application, to “Executive Action’, which carries connotation for political application.

You might be thinking: ‘if the administration does not plan on winning the underlying case, then why are they arguing the injunction?’  A normal, rational and traditional question.

The answer exemplifies the paradigm shift that people are refusing to make.

The DOJ/DHS goal, ergo the Obama Team Goal, is to take the unlawful action;  making the change in deportation status, providing the benefits, and changing the employment eligibility laws, PERIOD.

Their plan includes dragging out opposition through the court system while the actions outlined above are taking place.  The plan includes arguing the case, to provide TIME to roll out and execute the unlawful changes; knowing full well when they eventually are forced to argue the merit of the originating executive process – several, months most likely years, later – they will lose.

They plan to lose as part of the strategy.

The goal is not to win, but rather to put off the defeat as long as possible.

barack-obama-denis-mcdonough-2008- the fixerBy the time they lose, they will have already carried out the majority of the change the court rules unlawful; and there will be no way for the next in office to un-ring the bell.

It is taking far too long for people to wake up to the NEW DEMOCRAT strategy of full Alinsky societal change.

99% of the entire U.S. population have no idea what’s going on, and as a consequence they have no idea how to fight back, or organize a system which stops these Machiavellian liberal approaches.

Even fewer have trained themselves to be able to rethink the paradigms, to be able to see through the machinations, and to understand the goals for these processes and why they are being carried out.

It takes training to change the paradigms within your mental references.  Actual intellectual training, because you have to drop all of your former reference points and accept an entirely divergent landscape is in front of us.

The leftist goal is always ACTION oriented.  When you are trying to see their approach, always think about what creates the most favorable immediate action, that’s what they are trying to get to. 

In this example they need the injunction lifted.

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This entry was posted in 1st Amendment, A New America, Big Government, Big Stupid Government, Cultural Marxism, Dept Of Justice, Illegal Aliens, media bias, Notorious Liars, Occupy Type Moonbats, Professional Idiots, propaganda, Typical Prog Behavior, Uncategorized, White House Coverup. Bookmark the permalink.

62 Responses to Hanen Injunction Update – DOJ Takes Injunction Appeal To Full Panel of 5th Circuit Court – Scheduled For July 10…

  1. Daniel says:

    Why are they bothering to have an injunction they have ignored lifted?

    Like

  2. smiley says:

    interesting article.
    the damage will have already been done.
    very sly.
    also helps that, this way, they can also avoid Justice Scalia.

    Liked by 4 people

    • A Thinker says:

      Even if the full 5th Circuit panel overrules the three judge panel, the states can seek an immediate review by the Supreme Court. The Circuit Justice who would decide whether to grant a stay of the 5th Circuit en banc decision would be . . . . . . Justice Antonin Scalia. Now that’s forethought on the part of the 26 states as to where to bring the suit.

      Like

  3. joanfoster says:

    If in fact the court has enjoined the Administration against bypassing immigration law via executive order how can the administration continue implementation without being held in contempt?

    Like

    • John Galt says:

      Obama commands an army. The court does not.

      Like

    • Jett Black says:

      The court can start by jailing the agency’s management personnel. While that may not completely reverse the executive’s unlawful orders, it’s likely that the rest of the bureaucrats won’t risk being jailed and will have protection from any job action, if the exec. tries to retaliate against them. But then, that would be how it would go down in a nation of laws. Not sure legal reasoning applies anymore.

      Like

      • The court can start by jailing the agency’s management personnel.

        Oh really? How?

        Last time I checked, it was the job of the court to hear cases brought before it, and not to charge and arrest people. That is the job currently being shirked by Obama’s DoJ.

        Like

        • 2x4x8 says:

          Contempt Of Court is jailing action

          Like

          • John Galt says:

            Yes, federal court can order Federal Marshals to go arrest somebody, but they are outgunned by DOJ, DHS, FBI, military. Court finds DHS in contempt and orders arrest. DHS deploys troops, MRAPS, now what? The Second Amendment is not about hunting.

            Like

            • 2x4x8 says:

              Congress calls DHS to testify and answer

              Like

            • 2x4x8 says:

              you may recall the judge demanding the names of those responsible for willfully defying the stay order and processing a couple of thousand illegls

              Like

            • Kitty Smith says:

              If arrest warrants for contempt are issued, the subjects will get lawyers and turn themselves into the marshals and be given a court date. o-bama isn’t going to have a shooting war with the marshals over this. Bad for his legacy. Shades of Waco.

              The 2A comes into play when the unlawful activity continues but warrants are NOT issued.

              But that should have started several years ago with obamacare.

              Like

            • Jett Black says:

              I seriously doubt that DHS personnel would prevent US Marshals from executing on a lawful arrest warrant from a federal judge. If there is armed resistance to enforcement of law from the Exec, then we are truly done as a nation under Constitutional government. It will, from then on, be only about “might makes right.”

              Like

  4. fred says:

    They are only running the clock. You got it right. Down at the border nothing has changed. They are processing at breakneck speed right now. Without Congress getting in on this these court rulings are victories but empty as the damage is being done. Hundreds of thousands are flowing in. I can see the border from my house here in CA. Don’t fall for any ruses by the GOP. Tons of crime and drugs and welfare. Drive bys, kidnap, burglary, home invasion, get used to those words. 85% of all reported crime here is Hispanic. Not making it up……..

    Liked by 2 people

  5. doodahdaze says:

    Remember Hiroshima.

    Like

  6. Jett Black says:

    I think there’s some disinformation here. What I’m seeing is that the gummint, having lost on its request for a stay, pending its merits appeal of Hanen’s injunction, is not seeking further review of the court’s ruling from last week, but is trying to expedite consideration of the direct, merits appeal of the injunction, which should also be heard by a 3 judge panel that has not been revealed yet.

    It would be very surprising if the 5th Cir. agreed to hear the denial of a stay en banc at all and especially so quickly. En banc review of rulings on stays are not ordinarily available. The only way it could happen would be if a judge from the original panel (<0’s carpet bagger appointee, Higginson, perhaps) made special request to all his brethren and sisteren, which they would then discuss among themselves at great length, before deciding whether or not to grant en banc review. The petition for en banc consideration is known at the bar as “the most abused prerogative.” Other than SCOTUS certiorari, it’s probably also one of the most rejected prerogatives. Fewer than 1% of panel decisions are reviewed en banc. Damn shame. The 5th Cir’s en banc courtroom is really fine–much nicer than SCOTUS courtroom.

    Like

    • sundance says:

      Simply, you’re wrong.

      How could the DOJ appeal to the 5th CCA about the underlying case when that case itself has yet to be argued in any lower court.

      Liked by 2 people

      • John Galt says:

        100% Correct. The 5th Circuit denied the request for a stay of the preliminary injunction and now they are going to hear an appeal of the preliminary injunction itself, which was based on a finding of a likelihood of success of plaintiffs’ claims of violation of the rule making provisions of the Administrative Procedure Act.

        In the absence of an order staying the underlying action pending appeal of a preliminary injunction, a federal district court retains jurisdiction to try the underlying case while appeal of a preliminary injunction is in process. Hanen could still rule against DOJ on the Constitutional issues in the trial on the merits.

        Liked by 2 people

        • sundance says:

          Thank you for the succinct explanation.

          Like

        • Jett Black says:

          Thanks for clarifying what I was trying to say and for adding the detail about Hanen retaining jurisdiction over the underlying Constitutional and APA issues. I’d love it if he could rule on those issues before the Court of Appeals could issue a decision on the injunction. What’s your take, Mr. Galt, on whether the 7/10 arguments will be to a 3 judge panel or the Court en banc?

          Like

          • John Galt says:

            Things usually start out with 3, which might give DOJ a chance to draw two Obama appointees. But they can start out en banc if they want.

            https://www.law.cornell.edu/rules/frap/rule_35

            Like

            • doodahdaze says:

              And then it goes to the Supremes. The supervisor of the 5th DCA is none other than Justice Scalia.

              Like

              • A Thinker says:

                Great minds think alike. No matter what the 5th Circuit decides, the 26 states can request an emergency stay of that decision to the Supremes, which would be decided by Scalia, pending full review by the Supreme Court. If the administration defied the injunction, all H E double hockey sticks would break loose, the DOJ/DHS isn’t composed solely of administration lovers, someone would speak up, and Judge Hanen (and others) would go through the roof.

                Like

      • Kitty Smith says:

        The underlying case right now IS the injunction.

        Like

        • sundance says:

          Incorrect. The underlying “basis” for the injunction is the “harm”. The underlying “case” is whether the President has legal authority to change employment law and status of personage.

          Like

          • Kitty Smith says:

            What is before the court is the injunction itself, not the stay. That is what this portion of the discussion is about.

            The lawsuit, which as you pointed out, has not been heard yet. It is not before the court yet. It isn’t underlying anything. It will be heard with a completely different set of arguments that have zero to do with the injunction.

            Like

    • Kitty Smith says:

      The article states that the 5th Circuit has agreed to expedite hearing on the appeal, not the riling on the stay.

      The only thing abnormal in the process is that the court agreed to expediting it. That can be taken as favorable because they want to hurry and put an end to it and let it be appealed again to SCOTUS for the final bitch slap, or because they want to green light the gubermint’s plan for destruction via illegal aliens descending into the open like hatched locusts.

      Like

      • QuadGMoto says:

        To clarify:

        1 – Judge Hansen issued a stay against the Obama administration’s immigration actions.

        2 – The Obama lawyers appealed to the 5th Circuit court to overturn that stay. They lost.

        3 – They are now appealing that loss from step 2.

        This fight is still over the stay. As sundance pointed out, the underlying case has yet to be argued.

        Liked by 1 person

        • A Thinker says:

          Actually, they are arguing the merits of 1 on an expedited basis, not the request to overturn the stay of the preliminary injunction.

          Like

        • Kitty Smith says:

          The states (Plaintiff) brought an action to enjoin the government from carrying out o-bama’s directive regarding processing illegal aliens.

          The district court judge, Judge Hanen, granted the injunction.

          The DOJ et. al. (defendants) requested a stay on the injunction. They lost.

          Defendants have filed for and are receiving an expedited hearing on the original injunction.

          The motion for the stay on the injunction is not in play.

          All this went on in the interim between the issuance of the injunction and the filing for the stay: http://www.washingtontimes.com/news/2015/may/8/dhs-broke-judges-order-oks-amnesty-applications/?page=all They got caught violating the judge’s injunction, so they asked for the stay. Now they’re getting an expedited hearing on the injunction. The plaintiffs should request that it be en banc, if that’s possible.

          Like

        • Kitty Smith says:

          Note: An injunction and a stay are not the same thing. With regard to your #1 above, Judge Hanen issued an injunction. There have been no stays ordered in this matter so far. A stay defers any type of order already issued by a court. In this case, the order is an injunctive order.

          Like

  7. bullnuke says:

    Waiting for Judge Hanen to spank the DOJ lawyers. Hopefully he will make an example out of them. Don’t disappoint me, Judge.

    Liked by 2 people

  8. QuadGMoto says:

    They’re following the old tactic of “it’s better to ask forgiveness than permission.” The problem is that they’re acting in spite of permission already having been denied, and they know it. If there are not severe repercussions in keeping with their willfully illegal behavior (I doubt there will be any) our Constitutional Republic form of government is finished.

    Liked by 1 person

    • Kitty Smith says:

      What I want to know is who is monitoring DHS’s activities with regard to the amnesty processing. We know the GOP congress isn’t. Do the morons processing these illegals know that these illegals are going to take their family members’ jobs, and someday possibly their own, and commit untold crimes against them?

      I hear a loud cry for whistleblowers; come one, come all.

      Like

  9. nyetneetot says:

    Great writing sundance! The strategy has been used over and over for decades with no one the wiser. Education, environment, food, labor, etc.

    Liked by 1 person

  10. Don G says:

    Can the Judge notice that Obama is breaking the law so as to make his actions hard to undo….. By dealing this out.And say stop right this minute what you are unlawfully doing.

    Sorry, I am an ultra dumb layman…. Lol

    Like

    • sundance says:

      Judge Hanen can only rule on what is in front of him, and/or what is presented to him.

      He still has two issues with the DOJ to deal with prior to taking up the underlying case. #1 the lie about the program not yet starting, and #2 the lie, later an admission, about their continuance of the program after the injunction was put into place.

      He said he would wait to determine judicial punishment until after the CCA original decision on the appeal, that would be now. So we’ll soon see I think.

      As to can Hanen do anything about Obama’s insubordination to the constitution? Not much he can do, that’s up to congress to hammer the executive branch; Hanen can only block the DOJ from unlawful action taken within their policy.

      Like

  11. Don G says:

    Meant to say delay this out above, not deal this out

    Like

  12. 1hear2learn says:

    What can be done to those ignoring the stay? What can be done to DOJ attorneys that “mis-represented” that no action has/was/is being taken already? My guess on the 2nd is perhaps fines. My guess on the 1st is nothing since DOJ would be the normal means of enforcing? Meanwhile, Congress does nothing and RINOS have already stated over and over no impeachment… so basically there is no “victory” for law and order and our constitutional form of government, and instead the President has dictatorial powers now. I don’t think our founders, or even many of us just 10 years ago, could have ever thought this could happen in which a duplicitous press core and lazy public would stand for this outrageous behavior by Executive branch and DOJ. There just is no shame any more and we will all pay the price for that.

    Like

    • doodahdaze says:

      Behind every blade of Grass. There is a Treeper with a cheap computer and a keyboard that still works.

      Liked by 1 person

    • Texas Fossil says:

      You wrote:

      “I don’t think our founders, or even many of us just 10 years ago, could have ever thought this could happen in which a duplicitous press core and lazy public would stand for this outrageous behavior by Executive branch and DOJ.”

      Please read>

      http://www.freerepublic.com/focus/news/2173300/posts ->(see post #23)

      “Welcome to New Kenya”

      “Where the law of the jungle has replace the Law of the Land”

      23 posted on Wed 28 Jan 2009 06:42:31 AM CST by Texas Fossil

      Like

    • Kitty Smith says:

      They can be held in contempt. Judge Hanen can issue warrants for their arrests if he wishes to.

      Like

  13. doodahdaze says:

    Impact. CTH is now having severe impact on the BGI and Social Justice. Incoming.

    Like

  14. Jill says:

    Right now James Clapper (DNI) is gathering all the mega data associated with these 5th Circuit Judges.

    Jeh Johnson, head of HHS wrote and signed the executive action. The U.S. Constitution states in Article II, section 4, “The President, Vice President and all civil officers of the United Sates,” are subject to impeachment. So impeach him.

    Like

    • doodahdaze says:

      The enemy is in the White House.

      Liked by 1 person

    • A Thinker says:

      While the House of Representatives can forward Articles of Impeachment, the problem is that you need enough Senators to impeach, i.e., 2/3rds of the Senate, and no way no how in this partisan world we live in are enough Democrats going to jump the aisle. That would be followed by Democratic hacks raising money off of the attempt to impeach. For a preview, watch Elijah Cummings on the Benghazi panel.

      Like

  15. GrimmTale says:

    FUBAR!

    Like

  16. Hannamerika says:

    OK, so how do we fight it?

    Like

  17. Pingback: Petition To DOJ Aimed To Save Jay-Z’s Tidal Accuses Media Of Racism » Gossips

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