The Fifth Circuit Court of Appeals has handed Obama another slap across the face for his attempt to bestow amnesty on five million illegal immigrants. During the briefs, Obama’s lawyers tried to say that the states had no standing and it was questionable as to whether the states would win their suit, therefore the injunction should be lifted. By a 2-1 margin, the court not only ruled that the states had standing but that the injunction would not be lifted as the states will most likely win the suit because Obama’s plan is unconstitutional.
Originally, Obama had maintained that he had the power to grant amnesty as well as work permits to over five million illegals living in the United States under his discretion on how to enforce immigration law. The courts did agree that he could defer deportation but that work permits, Social Security and a full grab bag of freebies from the government did not fall under that discretion because it gave illegals benefits only Congress can. The court upheld the injunction placed on the amnesty plan by Judge Andrew S Hanen.
Obama is now very limited on what he can do since the October session of the Supreme Court has ended. He can appeal to SCOTUS but it seems unlikely that they would take the case considering no courts have ruled the plan legal. But on the off chance they would take up the case, no final decision would be made until July. Even if they take the case, the judges would be hard pressed to give the president the power of the purse which the Constitution has given to Congress.
The lone liberal on the three judge panel, Judge Carolyn Dineen King, wrote a dissenting view that makes no sense. In her dissent, she says the president does have the power to decide whether to deport the illegal aliens or to allow them to stay. That’s all. Well, no one has disagreed with that. She failed to address the real issue of whether a president can bestow benefits on illegal aliens unilaterally. I guess she wanted to vote against the injunction without making herself look stupid. It didn’t work.
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I guess the Fifth Circuit Court of Appeals is racist. How long before Nancy Pelosi and Debbie Wasserman Schultz and other liberals go on TV claiming the court made the wrong decision and did not follow the law? I’m guessing as soon as Tuesday.
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