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. (Full Backstory) <– Absolutely critical read to understand the scope of case – includes prior court rulings.
- The DOJ filed an appeal with the US Supreme Court.
- On January 19th, 2016 the U.S. Supreme Court agreed to hear the case.
- April 18th, 2016, the court heard oral arguments –full pdf transcript –
- Today the Supreme Court Ruling was announced –full pdf ruling–
Hanen Ruling Stands – Texas Wins – Obama Loses !
It’s important to note the underlying constitutionality of the case was NEVER heard in Judge Hanen’s court. After Hanen put the emergency injunction in place to stop DAPA from being carried out, all of the DOJ action was directed at removing the injunction.
However, in an unusual twist, in order to establish the scope of the state and federal argument, the Supreme Court did expand their hearing beyond the injunction to listen to the merit of the Obama administration’s arguments.
Texas Governor Greg Abbott today released a statement following the Supreme Court’s executive amnesty ruling.
“The action taken by the President was an unauthorized abuse of presidential power that trampled the Constitution, and the Supreme Court rightly denied the President the ability to grant amnesty contrary to immigration laws,” said Governor Abbott. “As the President himself said, he is not a king who can unilaterally change and write immigration laws. Today’s ruling is also a victory for all law-abiding Americans—including the millions of immigrants who came to America following the rule of law.” (link)
(CNN) In a crushing blow to the White House, the Supreme Court announced Thursday it was evenly divided in a case concerning President Barack Obama’s controversial executive actions on immigration.
The one-sentence ruling, issued without comment or dissent, means that the programs will remain blocked from going into effect, and the issue will return to the lower court. It is exceedingly unlikely the programs will go into effect for the remainder of the Obama presidency.
Obama, speaking at the White House, lamented the ruling.
“For more than two decades now our immigration system, everybody acknowledges, has been broken,” Obama said. “And the fact that the Supreme Court wasn’t able to issue a decision today doesn’t just set the system back even further, it takes us further from the country that we aspire to be.”
The ruling will impact the more than 4 million undocumented immigrants seeking to be able to come out of the shadows and apply for these programs to stay in the United States. Immediately after Obama announced them in late 2014, Texas and 25 other states challenged the plans and they were blocked nationwide by a federal district court the next year.
Immigration has already been a prominent and highly charged topic of the 2016 election already this year, and this ruling guarantees it will only be more so. (read more)
*Authors Note* – This is bad news for Hillary Clinton. Despite what you hear on the MSM, immigration or any form of amnesty/residency/citizenship for illegal aliens is a losing 2016 issue for Clinton. There is more structural support for the immigration position of Donald Trump. If team Clinton tries to use illegal aliens to get out the Hispanic voting block, it will backfire and a large segment of her identity base political groups will vote Trump.
Team Clinton have polled this issue. Team Clinton is VERY aware of this danger.
and obama wasted NO time in blaming those evil “Republicans” for not approving his supreme court nominee; “see folks, this is what happens”. give me a break.
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yeh he wasted no time getting in front of the cameras to voice his absolute disgust of the whole “checks and balances” thing….then the arrogant prick had the stones to not merely suggest, but to almost declare that IF garland had been confirmed as a SCOTUS justice, then the decision would definitely have been a 5-4 ruling IN FAVOR of his exec action.
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Yes exactly. His idea for scotus is nothing more than a rubber stamp of his pen and phone crap.
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Ok I need some help here….FTA: Obama: “And the fact that the Supreme Court wasn’t able to issue a decision today:” They did make a decision. The decided to send it back to the lower court who’s ruling will stand. What am I missing ?
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No confusion necessary–they said no to his illegal immigration decree the way that courts do that–by letting the lower court decision against him stand. He is just trying to paint it differently. Propaganda, my friend–everything that comes out of establishment gov. and the MSM is propaganda. PRAVDA ain’t got nothin’ on the U.S.
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It was more of a rhetorical question ; )
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Oh…….. wink
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; ) send a wink back
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Absolutely on point. I was appalled to hear the President, on national tv., propound the idea that there was no decision. According to this logic, or lack thereof, the 5 to 3 vote on Texas abortion restrictions must be just a judicial exercise? I was under the impression he is a constitutional scholar. Are you and I, along with the person who registered a ” like “, the only ones without our heads in the sand? I have a M.S. in political science.
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I hear you …. I am sensitive to the exact words people use. He is not a Constitutional Scholar lol He was a guest speaker…never wrote an paper or opinion. he has not clue on that count. Sometimes I think correcting Obama is a full time job.
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Let’s see what next move js of the traitor/enemy agent in the white hut.
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Oh someone will pay. Make no mistake. That’s how he rolls.
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Stock up on Kleenex for Endless Sob Stories from now on til Nov 8!
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-1 for George Soros
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Will Trump be able to require all judges and lawyers submit their resignations if he becomes President?
Didn’t some other president do that??
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I think that was Bush Jr right? I believe legally that the President cannot fire federal judges. However, it would be the new President’s DOJ, so the lawyers from this case most probably can be replaced but I am no legal scholar.
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G. Bush fired 8 and Clinton all 93 US Attorneys.
under former President Bill Clinton’s term as President, former Attorney General Janet Reno fired all 93 U.S. Attorneys in March 1993. http://blog.case.edu/james.chang/2007/03/14/firing_all_93_us_attorneys_it_has_been_done_before_ask_clinton
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Clinton will open the stopcocks on the main ship.
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last chance USA, don’t muff it…
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I see nothing to celebrate here. Why does SCOTUS have the ability to make policy? Next time it could affirm a gun ban. The founding fathers never intended the judiciary to be equal to the other two branches of government. Its time to end rule by the judiciary.
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Well when Congress doesn’t do it’s job and Executive branch overreaches, as in this case, I believe justice was served.
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The constitution gives control of SCOTUS to congress. In fact, there has not always been 9 justices. There have been as few as six, and as many as ten as congress has dictated over the years.
Article 3 states: ““The judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour…”
So could congress do something about all those ‘rule from the bench’ liberal SCOTUS decisions? Absolutely….but you don’t think Paul Ryan and Mitch McConnell have the gonads to step up and do it, do you?
In fact, I think they actually agree with them.
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The congress has the authority to limit or completely remove the jurisdiction of the Supreme Court on or for any piece of legislation. This is from Article 3 of the Constitution:
For example, the congress can tell the Supreme Court they have no authority over an immigration law the congress enacts.
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One very important item that I would insert to the timeline from the story above (inserted in ALL CAPS):
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. (Full Backstory) <– Absolutely critical read to understand the scope of case – includes prior court rulings.
The DOJ filed an appeal with the US Supreme Court.
On January 19th, 2016 the U.S. Supreme Court agreed to hear the case.
[INSERT] ► ON FEBRUARY 12, 2016, CONSERVATIVE SUPREME COURT JUSTICE ANTONIN SCALIA MYSTERIOUSLY DIED ON A “PLEASURE TRIP” WHILE NOT IN THE COMPANY OF HIS SECURITY DETAIL. HE WAS OFFICIALLY PRONOUNCED DEAD VIA A TELEPHONE CALL BY PRESIDIO COUNTY JUDGE CINDERELA GUEVARA, WHO MADE THE PRONOUNCEMENT WITHOUT EXAMINING THE BODY OR ORDERING AN AUTOPSY.
April 18th, 2016, the court heard oral arguments –full pdf transcript –
Today the Supreme Court Ruling was announced –full pdf ruling–
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DIsturbing……
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This was fantastic news to hear. Very proud of our Governor (first time since Cruz endorsement) and Judge Hanen (my latest hero). Texas has always been a culture rich w/ Mexican heritage but this non-stop illegal alien invasion is too much. Build that Wall!
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Oooooh president stompy feet be mad……..again!
I mean where does he get the arrogance?
The fact that he openly stated if his pick to fill the SCOTUS seat had been filled it would have gone the other way should be a wake up call. SCOTUS is not supposed to rule based on the wishes on who appointed them.
It’s about the law, and only the law.
Now what happens to the 100,000+ illegals they snuck through while under injunction?
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Texas appears to be one of the last states with the giant brass balls to take on the federal government and win.
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The 4 justices who agreed with Obama should be removed from the court. They know what Obama did is unconstitutional. If it was a Republican president, they would vote against him. I thought the Supreme Court was supposed to be impartial. This issue is now hanging by a thread. If Trump doesn’t win the presidency, we all know what will happen with immigration. We will be lucky to find any Americans living here and working.
NJ, where I moved from, has many towns and cities where no one speaks English. It is hard for an American to get a state government job because of all the hispanics on social services. Just speaking Spanish usually isn’t enough. They want hispanics because they can relate to the “clients.”
Pray for Donald Trump to be President.
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“It is hard for an American to get a state government job because of all the hispanics on social services. Just speaking Spanish usually isn’t enough. They want hispanics because they can relate to the “clients.”
That’s ethnic cleansing, stopping just shy of the murder phase. Seize jobs and income streams, seize institutions, seize neighborhoods (ala HUD’s Affirmatively Furthering Fair Housing).
Choose your ethnic enclave early – next stop Balkans.
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Hey Dirtbag Obama, the only thing “broken” about the immigration laws is dirtbag presidents who refuse to ENFORCE the current law!
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…and continuously plot to overthrow the Constitution.
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Under the “Any port in a storm” theory, I believe the Clinton campaign will now attempt to register every illegal they can find to vote in November. After all, we’ve already seen them attempt to illegally reinstate the voting rights of 200,000 convicted felons in Virginia. Desperation is becoming the driving force behind Mrs Clinton’s aspirations to succeed her husband in the White House!
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Question for those who may know. Since the federal courts have limited power to enforce their rulings, what happens to obomo, if he ignores the court order and continues with his illegal immigration activities? We all know the cowardly republican house and senate will not even consider any action. So what to stop him from doing what he damn well pleases?
He will use his phone and his pen to tell the judge to sit on it and do what he always does, ignore the Constitution.
Actually, I expect him to create mass havoc over the next five months. So far his has made every effort to cause racial strife. He has attempted to bring in thousands of illegals, south and central americans, potential terrorist, gang members hoping they will disrupt the nature of American society. I expect him to use executive power to forcibly take away our 2nd amendment rights, leaving us helpless to reject massive federal takeover. There are unlimited actions he can offer to cause massive upheaval in society, The greatest fear, the increase in terrorist events that will be above the ability of our law enforcement to control. That may have already begun.
I have a great fear of some type of conflict that will allow him to declare martial law, Most have no idea the result of martial law will bring. I pray that I am wrong.
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The 4 liberal justices must be impeached because there was NO BASIS in law to give Obama power on immigration when the Constitution is crystal clear on naturalization and immigration are ONLY THE JOB OF CONGRESS!! These justices need to be impeached NOW!!
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