Meanwhile today, while everyone is looking at the “shiny refugee thing”, the Obama administration files an appeal for review of the Hanen DAPA injunction to the Supreme Court…
DAPA 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.
It was the “injunction” blocking the administration which was appealed to the 5th CCA the first time. The White House lost the first appeal, and had two options:
- Option 1.) ask the Supreme Court Justice who oversees the circuit to override the decision – that judge is Anton Scalia, they knew they stood no chance.
- Option 2.) The DOJ could ask the full CCA to hear their argument, based on “standing”, – that was the route they chose.
The DOJ appealed Hanen’s injunction the second time claiming Hanen held no standing to block their executive action. The DOJ lost that second appeal two weeks ago, as the 5th CCA affirmed Judge Hanen did indeed have authority to issue the injunction. – Full Back Story –
Here’s where people get lost. At its current point the DOJ can appeal their appellate court loss to the Supreme Court; however, as with all of their loses they only lost the appeal to remove the injunction – THE UNDERLYING CASE HAS NEVER BEEN ARGUED or HEARD.
We have affirmed the Obama plan of action, seeking only to remove the injunction and not assert its legality, is evidence the White House never intended to win the underlying case. – See Here – Obama only wants the injunction lifted so he can fulfill his objectives of “fundamental change”.
Today more evidence of that insufferable usurpation:
The Department of Justice on Friday formally appealed to the Supreme Court to overturn a court order blocking the president’s executive actions on immigration.
The Obama administration is moving quickly to try and get the case before the high court. The petition was filed just over a week after a federal appeals court decided to keep an injunction in place that has prevented the programs from taking effect.
“A divided court of appeals has upheld an unprecedented nationwide injunction against implementing a federal immigration enforcement policy of great national importance, and has done so in violation of established limits on the judicial power,” Solicitor General Donald Verrilli Jr. wrote in the petition to the Supreme Court.
“If left undisturbed, that ruling will allow states to frustrate the federal government’s enforcement of the nation’s immigration laws,” Verrilli added. “This case warrants immediate review.”
The Justice Department filed its appeal on the one-year anniversary of Obama’s announcement of the controversial initiatives. (