Obama Won’t Take Immigration Battle Directly to Supreme Court

lovemode · 05-27-2015, 06:04 PM

Quote:

By MICHAEL D. SHEARMAY 27, 2015
WASHINGTON — President Obama will put off a confrontation at the Supreme Court over his immigration executive actions, choosing not to ask for permission to carry out the programs while a fight over presidential authority plays out in the lower courts, officials said Wednesday.

As a result, Mr. Obama’s vast overhaul of the nation’s immigration laws, which he announced with great fanfare last November, might not be resolved until just months before he leaves office.

In a statement on Wednesday, officials from the Justice Department said they would not ask the Supreme Court to reverse this week’s decision by the United States Court of Appeals for the Fifth Circuit that continues to block the president’s immigration actions.

The statement said the department was committed to defending the president’s actions and getting the immigration programs in place with certainty
“The department believes the best way to achieve this goal is to focus on the ongoing appeal on the merits of the preliminary injunction itself,” said Patrick Rodenbush, a spokesman for the Justice Department. “Although the department continues to disagree with the Fifth Circuit’s refusal to stay the district court’s preliminary injunction, the department has determined that it will not seek a stay from the Supreme Court.”

The president’s executive actions, which would have blocked deportation and provided work permits to millions of undocumented immigrants, have been on hold since a Texas judge ordered a halt, calling it an executive overreach and saying it violated the government’s administrative procedures.

Rather than continue to fight to overturn the judge’s blocking order, administration officials said Wednesday that government lawyers would wait and make what they believe will be a stronger argument on the merits of the president’s immigration program.

Those oral arguments before the Fifth Circuit are scheduled to begin during the week of July 6, and administration officials expressed confidence that they would eventually succeed in defending Mr. Obama’s authority to overhaul the immigration system.

The decision not to ask the Supreme Court to allow the program to move forward now is also the result of a practical reality, officials said. Even if the court had given the government the green light to implement carry out program, the ongoing legal fight would probably have scared away most of the undocumented immigrants who would have to come out from the shadows to apply for the benefits.

http://www.nytimes.com/2015/05/28/us...eme-court.html

pink · 05-27-2015, 08:53 PM

Might be good sign, The administration must think there is a good chance for the texas case to be thrown into the toilet where it belongs.

2MoreYears · 05-27-2015, 11:57 PM

Legal system is confusing.

IamAman · 05-28-2015, 12:01 AM

So the hearings are on July 6...anybody know how long that might take?

DACA-IR-DA · 05-28-2015, 02:14 AM

If it did go to SC then that would take a long time. That means just before Obama leave office next year.

We had heard about July 6th so was no surprise. Perhaps, DOJ thinks they can prevail in the week of July 6th.

Do the 3 judges vote again then? If it fails, then it goes to Supreme Court?

Pianoswithoutfaith · 05-28-2015, 05:37 AM

the 3 judges voted on whata gain DACA IRA DA?

DACA-IR-DA · 05-29-2015, 02:48 AM

So what happens in the week of July 6th? Vote again?

pink · 05-30-2015, 06:44 PM

Quote:

Originally Posted by 2MoreYears

Legal system is confusing.

lol, It sure is.

pink · 06:53 PM

Quote:

Originally Posted by DACA-IR-DA

So what happens in the week of July 6th? Vote again?

They will have a full hearing, which is usually shorter time frame and less formal than a trial. They will have arguments from both sides. I think they can resolve issues at a hearing if its feasible and if not it goes to full trial...not 100% sure

IamAman · 05-30-2015, 08:00 PM

Quote:

Originally Posted by 2MoreYears

Legal system is confusing.

Complicated, but it's actually beautiful in its own way. In some other countries you'd have to settle disputes by going to an elder who doesn't know his head from his ass and he decides what happens. Some other places, old men with beards and dirty robes read a book from a 1000 years ago and then sentence you to hang by your balls while a goat takes a piss on you for looking at your neighbor's wife. This is a nation of laws as I've been reminded of many times.

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Obama Won’t Take Immigration Battle Directly to Supreme Court