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Wednesday, February 18, 2015

The Halting of Obama's Immigration Orders

I have been reading the coverage of yesterday's court decision to temporarily stop implementation of president Obama's executive action regarding immigration, and, as usual, most of the media has it wrong.

First, let's start with what actually happened.  The judge in Texas ruled that the executive action could not go ahead temporarily.  The halt is put in place until there is a final decision on the merits of the case.  The judge accepted the argument that once the 5 million illegal immigrants were granted the various privileges that Obama ordered, there would be no way to bring things back to the way they are now.  If Obama's order is illegal, there would be, in effect, no way to undo it. 

This is not a final decision about the legality of Obama's actions.  It is a standard legal decision made on legal grounds.  It is not a political decision.

Second, let's consider some of the coverage.  There are many articles in the mainstream media discussing the judge's strong opposition to the Obama immigration moves as if the judge were merely voting against that executive action.  Nope!  That's wrong.  The judge may be against Obama's moves, but his analysis is strictly a legal one. 

There are also many articles describing the court's decision as an attempt by the court to thwart the president's powers.  That one is too stupid to merit much discussion.  Twenty six states brought a suit asking the court to rule the Obama actions illegal and beyond presidential powers.  The court was deciding a motion in the case, not attempting to thwart anything.  It is about as usual a procedure as one could find in any civil case.

There are also discussions in the media about how the Fifth Circuit will rule on an appeal.  The truth is that it is hard to imagine that all these reporters/pundits who don't even understand what happened in the District Court could have much insight into what the Court of Appeals will do.

The upshot of the entire matter is that the Obama executive actions are stopped for now.  That's all. 




 

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