No matter how Republicans try to spin the
President’s Executive Actions on Immigration, their attempt to sue the
President into submission will fail. The latest indicator of that is a
unanimous ruling by the Fifth Circuit. That ruling was made by 2
Republican judges and one Democratic judge.
Conservative Judge Andrew Hanen of Texas will not have the last word about President Obama’s Executive actions on Immigration.
A panel of judges (2 Republicans and a Democrat) at the fifth circuit unanimously dismissed a similar suit
brought by Mississippi, on two grounds. First, the court ruled that
the states which brought the suit do not have standing. Second, the
court’s interpretation of DACA and DAPA recognizes that deferred action
is a form of prosecutorial discretion. This completely contradicts the
reasoning that Judge Hanen used to support his ruling. This is
significant because it goes to show that legal minds across the
political spectrum recognize the deferred action is a form of allowing
prosecutors to prioritize which immigration cases to pursue.
In plain English, the fifth circuit said Mississippi
failed to prove it was damaged by the President’s executive actions,
one of the things a party has to prove to have standing in a case.
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