Bloomberg: Obama Administration Loses Bid to Implement Immigration Orders

News below just came out. A law professor expects it to probably go to the Supreme Court in Summer 2016.

President Barack Obama’s bid to make overhauling immigration policy a second term victory was dealt a serious blow as federal judges ruled the effort must remain on hold while 26 states sue to overturn it.
Obama’s executive orders, which would allow 5 million undocumented immigrants to remain in the country, must be delayed until the lawsuit is resolved, the U.S. Court of Appeals in New Orleans ruled. The contentious case has drawn sometimes furious opposition from hundreds of members of Congress, and more than a few presidential contenders.
For years, Congress has been unable to agree on a revised law to address an estimated 11 million undocumented immigrants in the U.S. Obama said he acted because the House has refused to take up a bipartisan measure passed by the Senate in 2013 that would create a path to citizenship for many of those immigrants.
To qualify under his deferral program, undocumented immigrants must have been in the U.S. for at least five years and have a child who is a citizen, or have been brought here as children themselves. They must also pass a criminal background check.
2-1 Decision
The U.S. Court of Appeals in New Orleans ruled Tuesday in a 2-1 decision that the federal government wasn’t likely to win the appeal. It refused to lift a federal judge’s injunction banning the changes from taking effect before the litigation is resolved.
Republican lawmakers have seized on the executive orders, accusing Obama of ignoring the Constitution and making the move to shore up Latino support for Democrats in 2016.
The Senate confirmation of Loretta Lynch as attorney general was held up in part over opposition to the initiative, and House Republicans threatened to withhold funds for the Department of Homeland Security over it, and passed a bill just before funding was set to expire.
Texas Governor Greg Abbott, who filed the challenge, and the White House have vowed to take the fight to the U.S. Supreme Court. That might extend the litigation into next year.
“If the Supreme Court doesn’t take it up until June 2016, that puts us right in the middle of the presidential election,” Michael Dorf, a Cornell University law professor following the case, said in an interview before the decision.
The appeal is Texas v. U.S., 15-40238, U.S. Court of Appeals for the Fifth Circuit (New Orleans). The lower-court case is Texas v. U.S., 1:14-00254, U.S. District Court, Southern District of Texas (Brownsville).

http://www.bloomberg.com/news/articl...rders-ia5n71k0

They could just issue a substantial regulation and make the whole case moot, but nooooooooooo.