
BREAKING: The Fifth Circuit Court of Appeals Rules 2-1 to uphold Judge Hanen Injunction (full ruling pdf below)
In a 2-1 ruling of the Fifth CCA (Judge King has lengthy Dissent) the injunction against President Obama’s Deferred Action for Parents of Americans and Lawful Permanent Residents program (“DAPA”) has been upheld.
The DAPA is commonly referred to as Obama’s Executive Amnesty – Obama Loses.
Twenty Six states filed suit to block the November ’14 Executive Order. A Texas Judge, Andrew Hanen, issued an injunction blocking implementation. Obama appealed the injunction and lost; then appealed again based on standing – and just lost again. Here’s the ruling:
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However, the release of the 5th Circuit decision today may allow the Supreme Court time to take up the dispute in Obama’s term, if a third appeal is attempted. A favorable Supreme Court ruling could then override the injunction and permit Obama to implement the executive actions next summer.
The problem for the White House is the substantive legal issues within the original Hanen ruling have not been argued in Hanen’s court or the/any appellate court. They have only argued the ability of Hanen to block them (ie “standing), not the merits of the underlying case.
Therefore the route to SCOTUS would only be on the legal issues of Hanen’s injunction – and not on the legal issues of the Executive Order itself. It’s doubtful SCOTUS would take up such a case.
Full Back Story Below from earlier in the year: (more…)