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LEFT WING LOONS
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Title: Obama Judge Cites America’s ’Complicated History’ of Racism and Xenophobia In Fifth Circuit Dissent
Source: Breitbart
URL Source: http://www.breitbart.com/big-govern ... obia-in-fifth-circuit-dissent/
Published: May 27, 2015
Author: Charlie Spiering
Post Date: 2015-05-27 13:10:13 by cranky
Keywords: None
Views: 828
Comments: 5

Justice Stephen Higginson, the lone dissenter of the Fifth Circuit Court decision to deny the Obama administration’s appeal to lift a stay of his executive amnesty, cited the country’s supposed history of racism and xenophobia in his dissenting opinion.

“On the expedience of immigration measures, sensible things can be said on all sides, mindful that our country is an immigrant society itself,” he wrote in his conclusion, including a footnote to a book by Judith Shklar on citizenship.

“Over twenty years ago, Judith Shklar observed in her book American Citizenship, aptly subtitled ‘The Quest for Inclusion,’ that the United States has an ‘extremely complicated’ history of exclusions and inclusions, in which xenophobia, racism, religious bigotry, and fear of alien conspiracies have played their part,” the footnote read.

Higginson was appointed by Obama to the Fifth Circuit court of appeals in 2011. The federal appeals court decision was 2-1; denying the Obama administration appeal.

In an earlier statement, the White House recognized Higginson’s dissent as a “powerful” argument why Obama’s executive amnesty was “fully consistent with the law.”

At this point, the White House has not decided whether or not to appeal the decision through a higher court.

Citing the “political” nature of the dispute, Higginson explained in his dissent that the number of political officials both sides of the lawsuit helped make it clear that they should not allow the court to intervene in the execution of Obama’s executive order, referring to the stay issued by a Texas judge.

“I would not affirm intervention and judicial fiat ordering what Congress has never mandated,” he concluded.

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#1. To: cranky (#0)

Texas et al v U.S., 5th Cir. 15-40238 (26 May 2015)

Opinion of the Court (pp. 1-42) and Dissent of Judge Higginson (pp. 43-68) may be viewed or downloaded here.

From page 2, Opinion of the Court:

Before SMITH, ELROD, and HIGGINSON, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Twenty-six states (the “states”) are challenging the government’s Deferred Action for Parents of Americans and Lawful Permanent Residents program (“DAPA”) as violative of the Administrative Procedure Act (“APA”) and the Take Care Clause of the Constitution. The district court determined that the states are likely to succeed on their procedural APA claim, so it temporarily enjoined implementation of the program. Texas v. United States, Civ. No. B-14-254, 2015 WL 648579 (S.D. Tex. Feb. 16, 2015). The United States appealed the preliminary injunction and moved for a stay of the injunction pending resolution of the merits of that appeal. Because the government is unlikely to succeed on the merits of its appeal of the injunction, we deny the motion for stay and the request to narrow the scope of the injunction.

nolu chan  posted on  2015-05-27   17:09:21 ET  Reply   Trace   Private Reply  


#2. To: cranky (#0) (Edited)

Obama Judge Cites America’s ’Complicated History’ of Racism and Xenophobia In Fifth Circuit Dissent

Some years ago I had a personal conversation with a respected Judge in the Maryland court system. He had had enough drinks in him to become uninhibited and completely honest. He gave me a concise lesson which was completely honest, which made sense, and which I have never forgotten.

He said, "To destroy this country, we don't need any natural disasters or wars. All we need is one more group of people with the characteristics of the black race."

In an effort to accomplish this nation's destruction, we are importing millions more people with similar characteristics over our Southern border and progressovely inculcating such characteristics in the white youth of this nation through a verbal illusion of righteousness throughout the media. The judicial system has been harnessed into serving the destructive cause.

rlk  posted on  2015-05-27   17:31:21 ET  Reply   Trace   Private Reply  


#3. To: cranky (#0)

Obama Judge Cites America’s ’Complicated History’ of Racism and Xenophobia In Fifth Circuit Dissent

Lesson to be learned: Pack the judicial system with destructive subversives, refer to them exclusively while conferring them with an aura of judicial righteousness, and you can destroy a country with a sustained "complicated array" of attack.

rlk  posted on  2015-05-27   18:57:12 ET  Reply   Trace   Private Reply  


#4. To: cranky (#0) (Edited)

America DOES have a history of "racism" as do MOST countries.

This is almost completely irrelevant today.

Unfortunately, the race profiteers will keep this nonsense alive as long as they can gain political advantage from doing so.

cranko  posted on  2015-05-27   19:19:57 ET  Reply   Trace   Private Reply  


#5. To: cranko (#4)

America DOES have a history of "racism" as do MOST countries.

Including Africa.

Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)

sneakypete  posted on  2015-05-27   21:13:48 ET  Reply   Trace   Private Reply  


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