Something is missing amid all of the punditry opinion regarding the recent 5th CCA ruling upholding the injunction against Obama’s implementation of Deferred Action for Parents of Americans and Lawful Permanent Residents program (“DAPA”) FULL BACKSTORY HERE. Something missing which is more serious than the injunction itself.
What is fundamentally missing is several levels of seriousness.
First the underlying 26 state lawsuit has never been argued. When the states went to federal court to sue the White House (executive action) they asked for an immediate injunction blocking implementation. The states argued two points:
#1) That if DAPA was allowed to move forward with his executive amnesty there would be irreversible harm to the states. Granting a new legal status to illegal aliens, including work authorization, would be financially harmful and also a bell impossible to un-ring/reverse if the underlying lawsuit was settled in their favor.
#2) If DAPA was allowed to be implemented those who were charged with executing the Executive Order would be violating law and thereby subject to a condition of punitive action against them for refusing to break the law.
Two very distinct issues, both of which Judge Andrew Hanen accepted as factual in his decision to issue the injunction. He actually did so brilliantly.
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