If a Texas judge’s temporary stay against it is upheld, it could be headed to the Supreme Court.
Late Monday, a federal district judge in Texas issued a temporary injunction that bars the Obama administration from proceeding with the president’s unilateral decree of effective amnesty for millions of illegal aliens.
To be clear, the order issued by Judge Andrew Hanen of the U.S. court for the southern district of Texas in Brownsville is a temporary stay. It is not a ruling on the merits of the lawsuit brought by 26 states that claim they will suffer profound financial and other damage from the president’s lawless executive action — an action that Obama himself many times conceded would be lawless before he finally took it late last year.
Today, the Justice Department will seek an emergency order from the Fifth Circuit U.S. Court of Appeals to block Judge Hanen’s injunction. There is a good chance the Justice Department will succeed, at least temporarily. If the Fifth Circuit blocks the injunction, that, too, would not be a ruling on the merits of the case. It would just mean a return to the status quo that allows Obama to proceed with the implementation of his amnesty decree.