~ 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.
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.
By 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.