Tuesday, April 7, 2015

 
IS FEDERAL COURT OF APPEALS ABOUT TO GIVE JUDGE HANEN A SLAP DOWN?
 
Today a three judge panel from the same court of appeals considering a stay of Judge Hanen's order enjoining President Obama from moving forward on his immigration reform, found the states in another immigration case lack standing on a particularized injury basis.
 
"“Neither Mississippi nor the Agents have alleged a sufficiently concrete and particularized injury that would give Plaintiffs standing to challenge DACA,” Judge W. Eugene Davis wrote in an opinion joined by Judges Carolyn King and Priscilla Owen.

Read more: http://www.politico.com/story/2015/04/obama-immigration-action-lawsuit-dismissal-upheld-appeals-court-116738.html#ixzz3WfSmjNsX
Judge Owen may be one of the most right wing judges on the Fifth Circuit Court of Appeals.  For now, this panel's opinion is precedent in the Fifth Circuit.  Well let's call it precedent light.  It will go for a full rehearing en banc - which means every judge on the Fifth Circuit will participate in the new ruling.

But for sure - for now - the ruling does not bode well for Judge Hanen's ruling.

No comments: