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U.S. Constitution
See other U.S. Constitution Articles

Title: Texas Gov. Greg Abbott: ‘Federal Judge Just Granted My Request to Halt Obama’s Executive Amnesty Order Nationwide’
Source: [None]
URL Source: http://www.theblaze.com/stories/201 ... tive-amnesty-order-nationwide/
Published: Feb 17, 2015
Author: Jason Howerton
Post Date: 2015-02-17 01:07:31 by out damned spot
Keywords: Judge, executive amnesty, nationwide
Views: 1705
Comments: 10

Texas Gov. Greg Abbott announced on Monday night that a federal judge has “granted” his request to “halt” President Barack Obama’s “Executive Amnesty Order” across the country.

*Greg Abbott ✔ @GregAbbott_TX

BREAKING: Federal Judge just granted my request to halt Obama's Executive Amnesty Order Nationwide. More later. #txlege #tcot @TexasGOP

Time reporter Zeke Miller later published the temporary injunction order handed down by the United States District Court for the Southern District of Texas online.

The order of temporary injunction states: “The reasons for this injunction are set out in detail in the accompanying Memorandum Opinion and Order, but, to summarize, it is due to the failure of the Defendants to comply with the Administrative Procedure Act.”

The order continues: “The Court having found that at lest one Plaintiff has satisfied all the necessary elements to maintain a lawsuit and to obtain a Temporary Injunction hereby grants the Motion for Temporary Injunction. The United States of America, its departments, agencies, officers, agents and employees are hereby enjoined from implementing any and all aspects or phases of the Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”) program as set out in the Secretary of Homeland Security Jeh Johnson’s memorandum dated November 20, 2014 (“DAPA Memorandum”), pending a final resolution of the merits of this case or until a further order of this Court, the United States Court of Appeals for the Fifth Circuit or the United States Supreme Court.”

Read the entire temporary injunction order below:

179122563073 by Zeke Miller

(2 images)

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Begin Trace Mode for Comment # 10.

#6. To: out damned spot (#0)

Doc 145, MEMORANDUM OPINION AND ORDER

This opinion addresses STANDING through middle of page 68 before it turns to the merits of the case.

It considers:

1. Article III Standing
2. Prudential Standing
3. Standing Under the Administrative Procedure Act
4. Parens patriae Standing (parent of the country)
5. Massachusetts v E.P.A. Standing
6. Abdication Standing

The Court upheld all claims of standing.

nolu chan  posted on  2015-02-17   11:25:46 ET  Reply   Untrace   Trace   Private Reply  


#8. To: All (#6)

The Court upheld all claims of standing.

Correction: The Court upheld four (4) claims of standing, found parens patriae not yet ripe, and rejected Massachusetts v. E.P.A. standing as the "States have not shown that an injunction against DAPA would redress these particular damages."

nolu chan  posted on  2015-02-17   19:40:33 ET  Reply   Untrace   Trace   Private Reply  


#9. To: nolu chan (#8) (Edited)

If you were a judge What would you rule on this case? :)

A K A Stone  posted on  2015-02-17   19:54:16 ET  Reply   Untrace   Trace   Private Reply  


#10. To: A K A Stone (#9)

If you were a judge What would you rule on this case? :)

I would rule that the States have standing and that the Federal action by Jeh Johnson is unconstitutional.

I believe the appellate courts (Circuit or Supreme) may punt the issue and rule against standing, avoiding the merits of the case.

nolu chan  posted on  2015-02-17   20:48:02 ET  Reply   Untrace   Trace   Private Reply  


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