Tuesday, May 26, 2015

 
 
SPLIT DECISION ON IMMIGRATION FROM COURT OF APPEALS SENDS CASE TO THE ENTIRE COURT OF APPEALS EN BANC

The decision to uphold Judge Hanen's order on enjoining President Obama's Executive Order on Immigration of 2/1 means the Administration will now have to take the matter to the entire court of appeals En Banc.  Also there is a case out of Mississippi wherein a different three judge panel appears to have come up with a different result on the APA issue.

Given  conflicting panels and a split decision on one panel the US Supreme Court will not take the case until the 5th Circuits issues an opinion binding on the 5th Circuit.  This is done by an En Banc court, which means all of the judges on the court of appeals.

What is happening is a delay game.  The Republicans know they can take this into the next election.  Even if they lose with the En Banc court, the Supreme Court can still issue an interim stay.  This would mean we will be in the election cycle for 2016, and an Obama win could be meaningless if a Republican wins the White House.

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