A federal appeals court rebukes his immigration order.America’s most powerful former law professor is getting a re-education in the Constitution, and on present course President Obama might flunk out. Witness Tuesday’s federal appeals-court rebuke of his 2014 immigration order, including language that suggests the Administration will also lose on the legal and policy merits.
Mr. Obama caused a furor in November when he suddenly claimed powers he had previously said he didn’t have to award legal status and work permits to millions of illegal immigrants. Texas and 25 other states sued, claiming injury and a violation of their sovereign powers under the Constitution. Federal Judge Andrew Hanen issued a preliminary injunction for the states in February, and on Tuesday the Fifth Circuit Court of Appeals shot down the Administration’s request to lift the injunction.
The 2-1 ruling by a three-judge panel found that the Administration had failed to make its case that Texas and the other states suffered no injury if Mr. Obama’s rule was implemented. Texas cited the fact that it would have to issue driver’s licenses to the newly legal immigrants, and the court agreed this was a cost. Even if Texas raised its license fees to cover the costs, the fact that it had to change its law to accommodate the federal rule was also an injury.