Judge Andrew Napolitano explained on The Kelly File Monday how the U.S. Court of Appeals’ two-to-one decision is blocking President Obama’s plan to shield 5 million immigrants from deportation.
It means that a Federal judge in Texas, who enjoined the president, signed an order preventing the president from implementing his executive order which effectively changed the immigration laws. That injunction has now been made permanent by a Federal Appeals Court. So the three judges, the trial judge, and two Appeals Court judges, have used their authority under the Constitution to stop the president from writing his own law. They all agreed that’s what he was attempting to do.
Judge Napolitano said that half of the states do not have the budget to provide welfare benefits to these immigrants.
And they also agreed that the plaintiffs here, which are 25 of the 50 states, led by the State of Texas, originally filed by then-Attorney General now-Governor Greg Abbott, demonstrated that if the president’s executive order were to be carried out, the financial damage to those states, forcing them to spend money that they haven’t taxed for, and hadn’t budgeted. The basic welfare benefits to the people that the president was going to let stay here legally, in the president’s view. That that would be a catastrophic injury to the states and therefore they have the right to bring this case.
The Judge noted that this rare decision by the Appeals Court leaves only one option for Obama.
This is very, very rare that a single judge would enjoin the president and that judge would be upheld by an Appeals Court. He has one option left, that’s the Supreme Court of the United States in the middle of a very busy term that’s already been planned.
Do you think Obama’s executive order will be implemented before he leaves office in 2017? Share and comment below.