The 5th Circuit Court of Appeals will hold a hearing April 17th to review Judge Andrew Hanen’s temporary stay blocking President Obama’s executive action granting amnesty to illegal aliens.
Hanen’s ruling was the first step in a lawsuit filed by 26 states to block Obama’s executive overreach.
Now, Obama’s Justice Department is claiming Hanen’s overstepped his authority by temporarily blocking Obama’s edict.
In appellate briefs filed with the Fifth Circuit court in New Orleans, the Obama administration has claimed Judge Hanen’s injunction undermined the federal government’s authority to prioritize which undocumented immigrants to deport.
Texas Attorney General Ken Paxton, who is leading the suit by the states, said the states “will vigorously oppose the president’s illegal amnesty plan in court.”
Texas followed through by filing a brief with the Appellate Court
“President Obama and his lawyers have shown an alarming lack of respect for the rule of law throughout this entire judicial process,” Mr. Abbott said in a statement. “I am confident the case will ultimately result in victory not only for the state of Texas, but also for the constitution of the United States.”
However, Obama’s Justice Department may believe they have the court’s sympathy because of the unprecedented nature of this hearing.
Carl Tobias, a professor at University of Richmond School of Law, said it is rare for a federal appellate court to grant an oral argument on an emergency stay motion. It “virtually never happens,” he said. “This suggests that the Fifth Circuit appreciates how important the stay issue is to the U.S. government and the plaintiff states.”
