Free Markets, Free People

Amnesty injunction upheld

A win for the rule of law:

A federal appeals court upheld an injunction against President Obama’s new deportation in a ruling Tuesday that marks the second major legal setback for an administration that had insisted its actions were legal.

The U.S. Court of Appeals for the Fifth Circuit ruled in favor of Texas, which had sued to stop the amnesty, on all key points, finding that Mr. Obama’s amnesty likely broke the law governing how big policies are to be written.

“The public interest favors maintenance of the injunction,” the judges wrote in the majority opinion.

So, uh, “no” to rule by executive order seem pretty apparent.  Also, the court noted those who opposed, or at least the one dissenting judge did:

“The political nature of this dispute is clear from the names on the briefs: hundreds of mayors, police chiefs, sheriffs, attorneys general, governors, and state legislators—not to mention 185 members of Congress, 15 states and the District of Columbia on the one hand, and 113 members of Congress and 26 states on the other,” he wrote.

Or, just about everyone else in America.

The dissenting justice felt it should be left between the President and Congress.

Well, now it is.

Before it was decree by executive order. So, in essence, the dissenting justice got what he wanted, even though he apparently doesn’t realize it.

~McQ

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15 Responses to Amnesty injunction upheld

  • “Valerie! Valerie! Those racists shut off my phone and broke the tip on my pen!!!!”
    “There there now Barack, we can go on creating laws out of thin air faster than they can bring them to court honey! don’t you worry, just let Momma Valerie handle it.”

  • “…but…but…but muh pen and muh phone!!!” LOL! 🙂

  • The Fifth has been a historically VERY solid court, with it being VERY seldom reversed by the Supremes.

    So this is a BIG deal. And the judge in the district court is NOT finished spanking the DO(racial)Justice, either.

    • Wouldn’t ya like to be a fly on the wall right about now.

      Anyone have NSA access? 🙂

    • I wouldn’t trust Chief Justice Robert Sooter to disappoint.

      And don’t be surprised if there isn’t a opening on the bench. Scandal or illness.

      There are 4 solid hacks on there, it really wouldn’t take much.

  • Keep in focus how all this runs until the second term is over. Everything that happens that is “good” (like another decline in the unemployment rate because more individuals drop out of the workforce) is another sterling accomplishment of the greatest president since Lincoln (we’re being modest). Anything “bad” that happens (like a brief restoration of the rule of law through an unfortunate court ruling, such as this one on immigration) is the fault of Republicans, the clueless Gilligan’s Island Party, run by Thurston Howell Koch.

  • The Administration claims it is merely allowing immigration officers to apply routine “prosecutorial discretion” on a case by case basis not to deport illegals. But the court noted that if this were true “we would expect to find an explicit delegation of authority” to implement the Obama rule—“a program that makes 4.3 million otherwise removable aliens eligible for lawful presence, work authorization, and associated benefits—but no such provision exists.”

    • But we can all rely on the fact that immigration officers will continue to apply prosecutorial discretion and will continue not to deport illegals at the behest of the White House.
      And who’s going to stop them?

      The OJustice Department?
      The OFBI?

      Yeah. sure.
      So the court will issue an injunction which, like all the other injunctions, OICE will “softly” ignore.
      Why wouldn’t they?
      Eric Holder held in contempt anyone?
      And that resulted in?
      Justice found to have deceived the court in the original case by continuing to issue the free passes even while denying they were issuing free passes to the judge?
      And that resulted in?

      Yeah, nothing.
      They do what they want because there is no one to stop them.
      Get all the unfavorable court rulings, injunctions, contempt citations, etc that you like.
      Nothing will be done to stop any of it.
      Hell it’s not even ‘because racism’ at this point.
      There’s no government, it’s Al Capone’s mob with a real military and a secretary of state.

      • I believe there are various names for systems in which government officials have free rein to make decisions, with no accountability to anyone. I believe the Germans had such a system a few decades back, for example, and the Soviets had one too.

        Let’s just lump them together under the term “authoritarian”. Which is supposed to be the polar opposite of the system described by our Constitution, as I understand it. But the courts have gone along with the evolution in power-wielding over a course of decades, with only minor setbacks to the authoritarians. So what do I know.

  • But, in a demonstration that they still have working phones and pens, and are not a bit chastened at the court’s roadblock to power on immigration….

    Now, the OEPA declares (again…in clarification….)

    All your water are belong to us….

    “It does not regulate any ditches unless they function as tributaries. It does not apply to groundwater or shallow subsurface water, copper tile drains or change policy on irrigation or water transfer.”

    So, what does this promise really mean?
    How many ditches on y’alls property DON’T run off into tributaries? A water filled ditch that doesn’t run anywhere isn’t a ditch, it’s a dirty deep puddle for breeding mosquitoes (and West Nile virus is the rage here abouts…)

    I just finished making sure any standing water in my yard doesn’t ‘stand’ by making sure the rainwater ‘drainage ditch’ runs out at the low end, which will end up in the stream down below the property line. That’s become an issue for us here in Texas in case anybody isn’t catching the news.

    Which means my ‘ditch’ is sorta regulated because it functions as a tributary, if THAT’s how they choose to interpret it.

    Like I said, Al Capone’s mob.

    • The final rule ensures protections for tributaries that have physical signs of flowing water, even if they don’t run all year round, and ditches that “look and act” like tributaries, Jo-Ellen Darcy, assistant Army secretary for civil works, said during the call.”

      Read more: http://www.politico.com/story/2015/05/epa-waterways-wetlands-rule-118319.html#ixzz3bMcw8IGb

      yeah, no danger there.
      Unless they decide you piss them off, and they decide your “ditch” looks and acts like a tributary, and they decide to do a little enforcing on you.
      Never happen right?
      Sure, course not, there are absolutely no incidences of armed Special Weapons and Tactics raids on property for things like…..unpasteurized milk (2011, 2013)
      Or armed SWAT agents from the Department of Education launching a dawn raid looking for someone who might have committed fraud on their school loan (2011)

      • Hell, my whole place is a “tributary”, with “sheet flow” running off (not fast enough) to the little creek at the back of my place.

        One happy thought, though… As they try to regulate every damn thing, they cease to effectively regulate any damn thing. It all becomes a dirty joke, and it makes people mad.

        • Heavy emphasis on the making people mad part.

          But speaking of you and Houston, I hope you’re holding out okay down there. #1 son in Austin is up in the hills north of town. If the water gets to him, I’m pretty sure our place will be in submarine mode. He’s got a couple of guests who lost cars and need boats to get back into their apartments.
          We just have high water in places so far.

          For non-residents, this sounds worse than it is. Unfortunately flooding can be part of the annual spring ritual in any given year here.
          The ritual just happens to be more intense this year than it’s been for quite a while.
          But as Rags will attest no matter how severe it is we inevitably lose people every year who just don’t understand you don’t pit your car and life against 3 or 4 feet (or more….) of fast moving water (don’t do it with standing water either, but at least you can walk away from that).

          Wimberly and the Blanco…that’s just a damn shame. I know that area at little, and I have to say, I’d have never guessed there could BE that much water moving down the Blanco. Sadly I’m not the only one.

          • I live out in the area NW of Houston where the land becomes rolling, and I live on a ridge.

            But since my yoooth in San Antonio, I have marveled at people who live in the Hill Country and drive through low water crossings in torrential rains…and reliably die.

            I had to drive for about 1.5 hours yesterday to get places that would normally take 20 minutes because our area creeks were flooded and our local first responders shut the roads down…quite correctly.

            But I’ve seen it a LOT worse…

          • I recall as ute, on a drive through West Texas (round where the Army is holding Jade Helm, or Jade Falcon, or Jaded Country, or whatever the hell it’s called).
            A low spot in the road had water from a small stream running OVER it, and was obviously intended to.
            I was puzzled that a stream should be running, normally, over the road.

            Then I noticed a flood gauge off to the righthand side of the road. It had a depth measure up to 8 or 9 feet if I remember right.
            Driving through such a place during a storm would be a terrifically terrible idea.

            A couple months later when Red Arroyo road in San Angelo demonstrated why it was named Red Arroyo, a woman and her son were swept away when she tried to drive across the street.
            Fortunately that one turned out for the best and they both survived.
            The boy was found (alive) about a mile downstream, his back to the current flow with water breaking around him, his feet braced against a rock.
            I’ve never forgotten, and I doubt I ever will.