In another blow to the illegal actions of Barack Hussein Obama, the US Court of Appeals for the Fifth Circuit, in a 2-1 ruling, upheld an injunction by US District Judge Andrew Hanen against the implementation of Obama’s illegal amnesty.
The Washington Times reports:
A federal appeals court upheld an injunction against President Obama’s new deportation in a ruling Tuesday that marks the second major legal setback for an administration that had insisted its actions were legal.
The U.S. Court of Appeals for the Fifth Circuit ruled in favor of Texas, which had sued to stop the amnesty, on all key points, finding that Mr. Obama’s amnesty likely broke the law governing how big policies are to be written.
“The public interest favors maintenance of the injunction,” the judges wrote in the majority opinion.
The Associated Press adds:
5th Circuit judges Jerry Smith and Jennifer Walker Elrod said that the federal government lawyers are unlikely to succeed on the merits of the appeal.
Smith and Elrod rejected the government’s argument that it has the discretion to selectively defer legal action against immigrants. The Obama policy, the ruling said, goes beyond simple non-enforcement. “It is the affirmative act of conferring ‘lawful presence’ on a class of unlawfully present aliens,” Smith wrote.
Judge Stephen Higginson dissented, saying the administration had not abused its discretion. He also noted congressional inaction on immigration issues.
Texas Attorney General Ken Paxton said, “This decision is a victory for those committed to preserving the rule of law in America.”
Indeed, it is. Texas is not alone in this battle either. Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, West Virginia and Wisconsin are all looking to block Obama’s illegal executive amnesty.
Keep in mind that Judge Hanen also has been given Obama’s fraudulent Social Security information as well. Things may be about to get a little rowdy!