JUST IN: Texas AG Ken Paxton asks federal judge to declare DACA illegal and stop feds - Page 11
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Originally Posted by tays123
You go and make a plan B! Some people fucking had it with this fear mongering that goes on in this forum. There is NOTHING new in this Texas case. Tell me ONE new argument that they have. They freaking contradict themselves right and left. What is the basis for a preliminary injunction on a program that has been going on for the last 6 years?! Tell me! What is it? There is none! Enough with the fear mongering!
Are we gonna get shot? Are we gonna get stabbed? Are we gonna get electrocuted? Enough! |
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Originally Posted by eva02
The judge, Andrew S. Hanen of the Federal District Court in Houston, said the program, known as Deferred Action for Childhood Arrivals, had been relied upon by hundreds of thousands of immigrants since it was established almost six years ago, and should not be abruptly ended.
The Texas judge, who in 2015 blocked a similar effort by Mr. Obama that would have added protections for the undocumented parents of citizens and other lawful residents, compared the idea of ending the DACA program to an attempt to “unscramble” an egg. “Here, the egg has been scrambled,” Judge Hanen wrote. “To try to put it back in the shell with only a preliminary injunction record, and perhaps at great risk to many, does not make sense nor serve the best interests of this country.” “The reality of the situation is that it conferred lawful presence and numerous other benefits, and many DACA recipients and others nationwide have relied upon it for the last six years,” Judge Hanen wrote. He also added that “DACA is a popular program and one that Congress should consider saving.” |
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Originally Posted by cmeow
Paxton just wants an injunction now, which is different than just a ruling. As previously mentioned, the judge said DACA was most likely unconstitutional but didn't issue an injunction. If the injunction is issued at paxton's request, it would take precedent over the other injunctions because this deals with the "core" constitutionality of DACA.
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Hanen said "you don't qualify for an injunction since you waited 5 years and 11 months to file this lawsuit -- the statute of limitations is six years -- so obviously there is no pressing issue here"
We've gone past the initial phase into the discovery phase where both sides research facts behind the case. Paxton is now saying "hey, we did a lot of research on this case and it really looks like we're going to slam dunk the jury trial and here is why." The US federal legal system has the concept of summary judgment where the judge can literally ignore the jury trial if he feels that one of the sides has made a good enough argument for their side.
Here's what the breakdown looks like for US district courts:
~72% of cases are dismissed
~25% of cases get a pre-trial conclusion (ie: summary judgment)
~3% of cases go to trial
We're past the dismissal point -- so now we're looking at 12% chance of trial and an 88% chance of pre-trial resolution.
Furthermore, around ~64% of summary judgment motions are approved.
Basically we have a <30% chance of this thing making it to trial.
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Originally Posted by cmeow
Yes, this is what the judge said. But Paxton wants more and he's specifically requesting an injunction. The judge can deny or approve the request so.... we'll see I guess.
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Why would Hanen contradict himself and issue a preliminary injunction lol
What new discovery can you point out that will lead to a reversal in his decision lol
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Agree!
Agree!
Agree!
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Originally Posted by eva02
There are no new arguments in that request loll
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Originally Posted by eva02
Why would Hanen contradict himself and issue a preliminary injunction loll
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Originally Posted by eva02
What new discovery can you point out that will lead to a reversal in his decision lol
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Originally Posted by eva02
There are no new arguments in that request lol:
Why would Hanen contradict himself and issue a preliminary injunction lol What new discovery can you point out that will lead to a reversal in his decision lol |
Last edited by cmeow; 02-05-2019 at 01:03 AM..
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Summary judgement can be appealed. The fact finder needs to agree that DACA is hurting the Texas economy! Good luck with that!
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Originally Posted by cmeow
I incorrectly said injunction instead of summary judgment motion. Correct me if I'm wrong but summary judgment motion will have a similar effect as an injunction. It can be remove daca, don't allow any more renewals, everyone expires at the same date, etc. that will render the other courts' stay of DACA meaningless.
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Originally Posted by tays123
Summary judgement can be appealed. The fact finder needs to agree that DACA is hurting the Texas economy! Good luck with that!
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Originally Posted by TexasDreamy
During the appeal process, DACA would be effectively over.
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Last edited by cmeow; 02-05-2019 at 01:31 AM..
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