Court sets July hearing on Obama's immigration actions (July 10th)

IamAman · 05-30-2015, 07:58 PM

http://thehill.com/homenews/administ...ration-actions

Quote:

A federal appeals court said Wednesday it has set a date to hear an expedited appeal of a lower court order that put President Obama’s deportation relief programs on hold.

The 5th Circuit Court of Appeals will hear oral arguments on July 10 in New Orleans in the Obama administration’s attempt to lift a preliminary injunction from U.S. District Judge Andrew Hanen of Texas, which blocked several executive actions from taking effect.

It's not clear if the same judges who denied the administration's stay request will hear the broader appeal.

The court's clerk said the judges will be announced one week before the hearing.

The hearing will present a major test for the administration, which is seeking to end the legal limbo surrounding its immigration programs.

A three-judge panel from the 5th Circuit handed Obama a defeat this week, when it denied an emergency request from the administration to lift the hold on the president’s executive actions.

The Department of Justice announced it would not bring that request to the Supreme Court, and instead would focus on its appeal of Hanen’s injunction, which will be considered at the July hearing.

The Texas judge’s injunction stemmed from a lawsuit brought by 26 states against Obama's programs, arguing he overstepped his constitutional authority. The appeal to be heard in July centers on the merits of the case.

The Obama administration argues the president acted within the law and that the states do not have standing to bring the suit, because the federal government has sole power to enforce immigration law.

Judges Jennifer Elrod and Jerry Smith ruled the injunction should remain in effect because the states had made a compelling case that the programs would cause them to suffer harm and that the federal government is unlikely to succeed on appeal.

But the administration believes focusing on the merits of the case gives the government its greatest chance of success.

DACA-IR-DA · 05-30-2015, 09:14 PM

3 Judge panel again? They should pick different. I wonder if all of them would be from Obama's Admin.

What do you think will happen IamAman?

Pianoswithoutfaith · 05-30-2015, 09:50 PM

No no, what do you think DAuser?

IamAman · 05-30-2015, 11:06 PM

Well, out of the 15 judges, only 5 were appointed by a democrat so on average, there will be 2-1 Republican panel. I guess we could luck out too. Hey, it can't rain all the time.

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
71 Chief Judge Carl E. Stewart Shreveport, LA 1950 1994–present 2012–present — Clinton
60 Circuit Judge E. Grady Jolly Jackson, MS 1937 1982–present — — Reagan
61 Circuit Judge W. Eugene Davis Lafayette, LA 1936 1983–present — — Reagan
63 Circuit Judge Edith H. Jones Houston, TX 1949 1985–present 2006–2012 — Reagan
64 Circuit Judge Jerry Edwin Smith Houston, TX 1946 1987–present — — Reagan
73 Circuit Judge James L. Dennis New Orleans, LA 1936 1995–present — — Clinton
74 Circuit Judge Edith Brown Clement New Orleans, LA 1948 2001–present — — G.W. Bush
75 Circuit Judge Edward C. Prado San Antonio, TX 1947 2003–present — — G.W. Bush
77 Circuit Judge Priscilla Owen Austin, TX 1954 2005–present — — G.W. Bush
78 Circuit Judge Jennifer Walker Elrod Houston, TX 1966 2007–present — — G.W. Bush
79 Circuit Judge Leslie H. Southwick Jackson, MS 1950 2007–present — — G.W. Bush
80 Circuit Judge Catharina Haynes Dallas, TX 1963 2008–present — — G.W. Bush
81 Circuit Judge James E. Graves, Jr. Jackson, MS 1953 2011–present — — Obama
82 Circuit Judge Stephen A. Higginson New Orleans, LA 1961 2011–present — — Obama
83 Circuit Judge Gregg Costa Houston, TX 1972 2014–present — — Obama

DACA-IR-DA · 01:20 AM

Quote:

Originally Posted by IamAman

Well, out of the 15 judges, only 5 were appointed by a democrat so on average, there will be 2-1 Republican panel. I guess we could luck out too. Hey, it can't rain all the time.

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
71 Chief Judge Carl E. Stewart Shreveport, LA 1950 1994–present 2012–present — Clinton
60 Circuit Judge E. Grady Jolly Jackson, MS 1937 1982–present — — Reagan
61 Circuit Judge W. Eugene Davis Lafayette, LA 1936 1983–present — — Reagan
63 Circuit Judge Edith H. Jones Houston, TX 1949 1985–present 2006–2012 — Reagan
64 Circuit Judge Jerry Edwin Smith Houston, TX 1946 1987–present — — Reagan
73 Circuit Judge James L. Dennis New Orleans, LA 1936 1995–present — — Clinton
74 Circuit Judge Edith Brown Clement New Orleans, LA 1948 2001–present — — G.W. Bush
75 Circuit Judge Edward C. Prado San Antonio, TX 1947 2003–present — — G.W. Bush
77 Circuit Judge Priscilla Owen Austin, TX 1954 2005–present — — G.W. Bush
78 Circuit Judge Jennifer Walker Elrod Houston, TX 1966 2007–present — — G.W. Bush
79 Circuit Judge Leslie H. Southwick Jackson, MS 1950 2007–present — — G.W. Bush
80 Circuit Judge Catharina Haynes Dallas, TX 1963 2008–present — — G.W. Bush
81 Circuit Judge James E. Graves, Jr. Jackson, MS 1953 2011–present — — Obama
82 Circuit Judge Stephen A. Higginson New Orleans, LA 1961 2011–present — — Obama
83 Circuit Judge Gregg Costa Houston, TX 1972 2014–present — — Obama

To win, get 8 judges to agree with EO right?

This means those 5 will say Yes.

We only need 3 GOP Judges to say Yes and hopefully it will not be the 2 from the last one.

If they choose the full panel.

S	M	T	W	T	F	S
1	2	3	4	5	6	7
8	9	10	11	12	13	14
15	16	17	18	19	20	21
22	23	24	25	26	27	28

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Court sets July hearing on Obama's immigration actions (July 10th)