Texas move may delay U.S. Supreme Court immigration case review

Texas move may delay U.S. Supreme Court immigration case review

http://l.yimg.com/a/p/us/news/editor...b5cec5193.jpeg
By Lawrence Hurley 6 minutes ago

http://l1.yimg.com/bt/api/res/1.2/CI...MMIGRATION.JPG.

View photo

A protester holds her sign up as immigrants and community leaders rally in front of the U.S. Supreme …

By Lawrence Hurley

WASHINGTON (Reuters) - Texas on Monday asked the U.S. Supreme Court for more time to file court papers in its dispute with the federal government over President Barack Obama's executive action on immigration, a move that could delay a ruling in the case until after Obama leaves office.

Twenty-six Republican-governed states led by Texas sued to stop Obama's 2014 plan to protect millions of illegal immigrants from deportation. Lower courts blocked the executive action, prompting the Justice Department on Friday to launch an appeal to the Supreme Court.

If the request made by Texas Solicitor General Scott Keller for a 30-day extension for filing court papers is granted, it could run out the clock on the court being able to hear the case in its current term, which runs until June.

The Obama administration opposes the extension, according to Keller's letter, and could counter by asking the court to expedite the case, legal experts say. A Justice Department spokesman did not immediately respond to a request seeking comment.

If Texas gets its way and the court ultimately decides to hear the dispute without expediting it, oral arguments would not be held until fall 2016 with a ruling not likely until after Obama leaves office in January 2017.

The Obama administration maintains Texas and the other states have no legal basis to challenge Obama's action. The states contends Obama overstepped his presidential powers by bypassing Congress and acting unilaterally.

Obama's executive order would let up to 4.7 million illegal immigrants live in the United States without threat of deportation. It was directed at people with no criminal records whose children are U.S. citizens.

http://news.yahoo.com/texas-move-may...224425304.html

What the heck is going on with this!?!?!? We have been fighting for time for this case to get there now the TX AG yanks the rug????

W

Lots of court cases get delays requested by one or the other sides.

Quote:

---

Originally Posted by ALIPAC

What the heck is going on with this!?!?!? We have been fighting for time for this case to get there now the TX AG yanks the rug????

W

---

When you're on the side who has won a decision, as the States have with a lower court ruling, you want to delay an appeal to over-turn it, which is what the Obama administration is asking the US Supreme Court to do. There is no advantage to our side for this matter to to be heard by the US Supreme Court for the purpose of over-turning the lower court decision that was in favor of the states.

Also, if the general mood of the US Supreme Court was in favor of the States on this matter, it would have denied to hear the request and simply allow the lower court 5th Circuit Court of Appeals ruling to prevail.

Quote:

---

Originally Posted by ALIPAC

What the heck is going on with this!?!?!? We have been fighting for time for this case to get there now the TX AG yanks the rug????

W

---

It's my understanding that this is a delay tactic so the U.S. Supreme Court won't hear the case during this session, which would delay it until Obama is on his way out of office.

Quote:

---

If Texas gets its way and the court ultimately decides to hear the dispute without expediting it, oral arguments would not be held until fall 2016 with a ruling not likely until after Obama leaves office in January 2017.

---

EDITORIAL: No U.S. court should be complicit in running out the clock on justice

http://bloximages.chicago2.vip.townn...size=300%2C201

Associated Press— Jonathan Bachman

The U.S. 5th Circuit Court of Appeals ruled against the Obama administration’s efforts to put on hold deportation of millions of undocumented immigrants.

Posted: Tuesday, December 1, 2015 12:01 am |Updated: 3:02 am, Tue Dec 1, 2015.

Judicial activism, whether advancing conservative or liberal causes, must be condemned by all who respect constitutional principles — and it must be loudly denounced when part of a conspiracy to undermine legitimate if not always popular decisions. The Nov. 9 U.S. 5th Circuit Court of Appeals ruling against Obama administration orders to put on hold the deportation of millions of illegal-immigrant parents of U.S.-citizen children appears to be just such a case.

And when the 5th Circuit Court is exposed as likely trying to run out the clock on one of two parties standing before it, something is terribly wrong with justice in America.

In the sloppy, stitched-together opinion in Texas v. the United States, the majority ruled the state of Texas would be financially burdened if some 500,000 undocumented Texas residents — the parents of kids born here in the United States — were allowed to procure driver’s licenses because of the U.S. immigration orders. More seriously, this ruling ignores years of settled law that the executive branch, by repeated acts of Congress, has the right to prioritize illegal aliens for deportation.

Granting of deferred action in matters of illegal immigration has occurred for decades under both Republican and Democratic administrations. Congress has made clear that “important prioritization decisions as to which aliens should be subject to removal proceedings” are to be made by executive departments (in this case, the Department of Homeland Security).

What’s more, the U.S. Supreme Court, in a 1999 decision, held that at each stage of immigration removal, the executive branch has the discretion to abandon the endeavor, whether for humanitarian reasons “or simply its own convenience.” What’s more, the White House acknowledges that its controversial 2014 executive action “confers no substantive right, immigration status or pathway to citizenship.” In short, a deferment is just a deferment — not amnesty.

While the 5th Circuit Court ruling heaps dishonor on the two justices ruling for the majority, these judges compounded matters by taking what was supposed to be an expedited appeal and dragging out matters. That means the Obama administration — with only 415 days left in office — might fail to get the case appealed and heard by the Supreme Court in its present term. Even dissenting judge Carolyn King called other judges’ hand on this.

Now the state of Texas seeks to do what the 5th Circuit Court couldn’t quite pull off — press for yet more time to respond to the Obama administration’s appeal to our nation’s highest court. Given Congress’ gridlock in immigration reform, the high court should recognize State Attorney General Ken Paxton’s deceitful chicanery for what it is and get this case heard promptly. Justice delayed is justice denied — and the Supreme Court must be above such disgraceful shenanigans.

http://www.wacotrib.com/opinion/edit...b6d381964.html

Quote:

---

Originally Posted by JohnDoe2

EDITORIAL: No U.S. court should be complicit in running out the clock on justice

http://bloximages.chicago2.vip.townn...size=300%2C201

Associated Press— Jonathan Bachman

The U.S. 5th Circuit Court of Appeals ruled against the Obama administration’s efforts to put on hold deportation of millions of undocumented immigrants.

Posted: Tuesday, December 1, 2015 12:01 am |Updated: 3:02 am, Tue Dec 1, 2015.

Judicial activism, whether advancing conservative or liberal causes, must be condemned by all who respect constitutional principles — and it must be loudly denounced when part of a conspiracy to undermine legitimate if not always popular decisions. The Nov. 9 U.S. 5th Circuit Court of Appeals ruling against Obama administration orders to put on hold the deportation of millions of illegal-immigrant parents of U.S.-citizen children appears to be just such a case.

And when the 5th Circuit Court is exposed as likely trying to run out the clock on one of two parties standing before it, something is terribly wrong with justice in America.

In the sloppy, stitched-together opinion in Texas v. the United States, the majority ruled the state of Texas would be financially burdened if some 500,000 undocumented Texas residents — the parents of kids born here in the United States — were allowed to procure driver’s licenses because of the U.S. immigration orders. More seriously, this ruling ignores years of settled law that the executive branch, by repeated acts of Congress, has the right to prioritize illegal aliens for deportation.

Granting of deferred action in matters of illegal immigration has occurred for decades under both Republican and Democratic administrations. Congress has made clear that “important prioritization decisions as to which aliens should be subject to removal proceedings” are to be made by executive departments (in this case, the Department of Homeland Security).

What’s more, the U.S. Supreme Court, in a 1999 decision, held that at each stage of immigration removal, the executive branch has the discretion to abandon the endeavor, whether for humanitarian reasons “or simply its own convenience.” What’s more, the White House acknowledges that its controversial 2014 executive action “confers no substantive right, immigration status or pathway to citizenship.” In short, a deferment is just a deferment — not amnesty.

While the 5th Circuit Court ruling heaps dishonor on the two justices ruling for the majority, these judges compounded matters by taking what was supposed to be an expedited appeal and dragging out matters. That means the Obama administration — with only 415 days left in office — might fail to get the case appealed and heard by the Supreme Court in its present term. Even dissenting judge Carolyn King called other judges’ hand on this.

Now the state of Texas seeks to do what the 5th Circuit Court couldn’t quite pull off — press for yet more time to respond to the Obama administration’s appeal to our nation’s highest court. Given Congress’ gridlock in immigration reform, the high court should recognize State Attorney General Ken Paxton’s deceitful chicanery for what it is and get this case heard promptly. Justice delayed is justice denied — and the Supreme Court must be above such disgraceful shenanigans.

http://www.wacotrib.com/opinion/edit...b6d381964.html

---

No court, Congress or President should be complicit with causing, rewarding, forgiving or perpetuating violations of US immigration law.

12/1/15

SCOTUS denies Texas delay tactic on immigration actions

Quote:

---

Originally Posted by ALIPAC

What the heck is going on with this!?!?!? We have been fighting for time for this case to get there now the TX AG yanks the rug????

W

---

12/1/15

SCOTUS denies Texas delay tactic on immigration actions