Thread: Arpaio Lawsuit Against Obama Amnesty Wins Accelerated Hearing

Wednesday, 14 Jan 2015 07:44 PM
By Cathy Burke

Arizona Sheriff Joe Arpaio's lawsuit challenging President Barack Obama's sweeping orders that protect millions of illegal aliens — dismissed by a federal judge last month — is back on the front burner, with an appeals court Wednesday ordering an accelerated hearing in the constitutional case.

Larry Klayman, Arpaio's lawyer and founder of the watchdog group Freedom Watch, had argued an expedited hearing schedule for an appeal was crucial to prevent the immigration orders from taking effect this spring.

"It is a big victory to Sheriff Arpaio and indeed the American people that the D.C. Circuit recognized the need for this case to be quickly resolved before Obama's unconstitutional amnesty program goes into full effect…" Klayman said in a statement.

"There are constitutional issues of great magnitude at stake and we are confident that the D.C. Circuit will put a legal stop to this illegal activity, which seeks to end-run congressional authority. I am grateful for Sheriff Arpaio's courage in pursuing this very necessary legal action."

On Dec. 23, Federal District Court Judge Beryl Howell dismissed the suit filed by the self-proclaimed "America's toughest sheriff'," saying the Maricopa County law enforcement official lacked the legal standing to bring the case on constitutional grounds.

But Klayman later slammed Howell, telling Newsmax TV she was "highly political," basing her ruling in the important case on "her subjective politics."

The key appellate court ruling came the same day the House voted to block funding for the controversial executive order, which protects millions from deportation and lets them work legally in the United States.

The 236-191 vote came on a broad bill that would provide nearly $40 billion to finance the Homeland Security Department through the rest of the budget year.

http://www.newsmax.com/Newsfront/joe.../14/id/618665/

The appeals court ruling came less than a month after a federal judge dismissed the suit.

B. Christopher Agee — January 15, 2015

As Western Journalism reported last November, Maricopa County, Ariz., Sheriff Joe Arpaio responded to Barack Obama’s executive action on immigration by filing a lawsuit to determine if such a unilateral order is legal.

“We have to understand whether this is constitutional or not, whether he is going around Congress is legal,” he said at the time. “I’m going to send a message that we’re not going to give up, that this does affect the streets of Maricopa County.”

The following month, a federal judge dismissed Arpaio’s suit; however, Freedom Watch Founder Larry Klayman announced this week that the D.C. Circuit U.S. Court of Appeals has delivered a more favorable verdict. Klayman is serving as Arpaio’s attorney in this case and issued a statement indicating the court ordered an accelerated hearing for the suit.

He described the ruling as “a big victory to Sheriff Arpaio and indeed the American people,” reiterating his argument that an expedited hearing is needed if there is any hope of stopping Obama’s executive order from being enacted in full this spring.

“There are constitutional issues of great magnitude at stake,” Klayman’s statement continued, “and we are confident that the D.C. Circuit will put a legal stop to this illegal activity, which seeks to end-run congressional authority.”

He went on to express appreciation for Arpaio’s “courage in pursuing this very necessary legal action.”

The appeals court ordered Arpaio’s brief be submitted by Jan. 29, with Obama’s deadline set for March 2.

“Due to the expedited nature of this case,” the order states, “the court will not entertain dispositive motions. The parties should therefore address in their briefs any arguments otherwise properly raised in such motions.”

A U.S. House funding bill containing an amendment that would overturn Obama’s executive action passed the same day as the appeals court ruling, though the initiative is unlikely to gain enough support in the Senate to progress through that chamber.

http://www.westernjournalism.com/she...RByUTgQOZUl.97