The Fifth Circuit Court of Appeals today affirmed the lower court ruling that stopped the federal government from putting all those changes in the immigration law which were ordered by president Obama. This is not a ruling on the legality of what Obama did. Instead, it is a move to keep the changes from being put into effect until the court rules on whether or not Obama acted within his authority. The lower court held, and the appeals court agreed, that once these changes were put in place, there would be no way to turn back the clock and remove them.
In one respect, this is a partial ruling on the legality of what Obama did. Before the judges will enjoin the government from carrying out the new "laws" ordered by Obama, they have to first find that the people who are opposing the federal government have a good chance of success in the case when it gets tried. Federal courts won't stop government actions based upon claims that are not likely to succeed. Today's action means that the appeals court agrees with the trial court that Obama is likely to lose when the case goes to trial.
It is highly unlikely that there will be a further appeal here. The Supreme Court essentially never gets involved in cases at this point. There will have to be a full trial and a final judgment before there is any real chance of the Supreme Court agreeing to hear the case.
Obama previously told the trial court that the federal government would refrain from carrying out the changes in the immigration law that the court enjoined. It has turned out, however, that to a certain extent, the feds went ahead anyway with the new laws. Hopefully, today's court action will prevent any more leakage through the injunction.
Most likely, there will not be a ruling from the trial court in this matter until some time in 2016. If the trial court rules against Obama, the matter ought to be still on appeal when the 2016 election rolls around.
In one respect, this is a partial ruling on the legality of what Obama did. Before the judges will enjoin the government from carrying out the new "laws" ordered by Obama, they have to first find that the people who are opposing the federal government have a good chance of success in the case when it gets tried. Federal courts won't stop government actions based upon claims that are not likely to succeed. Today's action means that the appeals court agrees with the trial court that Obama is likely to lose when the case goes to trial.
It is highly unlikely that there will be a further appeal here. The Supreme Court essentially never gets involved in cases at this point. There will have to be a full trial and a final judgment before there is any real chance of the Supreme Court agreeing to hear the case.
Obama previously told the trial court that the federal government would refrain from carrying out the changes in the immigration law that the court enjoined. It has turned out, however, that to a certain extent, the feds went ahead anyway with the new laws. Hopefully, today's court action will prevent any more leakage through the injunction.
Most likely, there will not be a ruling from the trial court in this matter until some time in 2016. If the trial court rules against Obama, the matter ought to be still on appeal when the 2016 election rolls around.
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