On Friday, the U.S. Justice Department filed a 35-page petition asking the U.S. Supreme Court to review Texas v. U.S., the case filed by 26 states against President Obama’s immigration amnesty plan.
The government is appealing a preliminary injunction that stopped implementation of Obama’s amnesty plan, which was issued by a federal district court and upheld by the Fifth Circuit Court of Appeals on Nov. 9.
In an odd coincidence, Donald Verrilli, the solicitor general, filed the petition on the one-year anniversary of Obama’s speech to the nation on Nov. 20, 2014, where he announced his unprecedented, unilateral action to violate federal immigration law and provide lawful status and work permits to as many as five million illegal aliens.
The government’s petition asks the Supreme Court to take up the case, despite the fact that this is only a preliminary injunction. No permanent injunction has been issued, and no trial has yet been held. But Verrilli claims that review is needed now because of the “great and immediate significance” of the president’s amnesty plan and “the irreparable injury to the many families affected by delay in its implementation, and the broad importance of the questions presented.”
Of course, given that the Obama administration has virtually stopped all of its deportation procedures, with only some exceptions for certain criminal aliens, it is hard to imagine what “irreparable injury” all of these illegal aliens will suffer, since they have, in all practical terms, been granted “lawful presence” already even without the president’s official amnesty plan in place.
It is true that the preliminary injunction prevents the Department of Homeland Security (DHS) from issuing work permits to illegal aliens, but even that is probably not that significant for many of them, because employers all over the country know that the administration has no interest in enforcing federal law barring employers from hiring illegal aliens.
What Is the Government Arguing?
The government makes the same losing arguments to the Supreme Court that it made to the Fifth Circuit, all of which were disposed of by the court of appeals in a very thorough, well-written opinion. Verrilli claims none of the states even have standing to sue the federal government because any costs they incur from illegal aliens being granted lawful presence are just “voluntary.” This is almost a farcical argument, given the enormous education, health care, and law enforcement costs imposed on the states with the influx of huge numbers of illegal aliens into their communities.
Verrilli also makes the over-the-top claim that this injunction is “unprecedented” and “in violation of established limits on the judicial power.” Thus, “if left undisturbed, that ruling will allow States to frustrate the federal government’s enforcement of the Nation’s immigration laws” (emphasis added). Given how far outside the “established limits” of the president’s executive power under the Constitution the immigration amnesty plan is, claiming that it is the courts—and not the administration—acting outside the scope of their constitutional powers is almost insulting.
And it is quite audacious to…