Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘5th Circuit Court of Appeals’

… It is a Real Bad Move to Piss off a Federal judge [#Texas v US]…

Posted by paulfromwloh on Wednesday,January 27th,2016

.. now that the 5th Circuit Court of Appeals has ruled in favour of the plaintiffs [in terms of the injunction] , well , now , it should motivate the Federal Government to substantially and fully comply with Judge Hanen ‘ s order ..

.. well , now , Judge Hanen is now pissed ..

.. the Government is still making approvals of both D.A.C.A. and D.A.P.A. . Even though with the injunction they were told specifically not to . They are still up to it ..

.. [h/t — HotAir.com]..
.. [link] to the blog post ..

.. Judge Hanen has summoned quite a few people to a hearing in August . Those summoned include the H.H.S. Secretary and the Secretary of Homeland Security . I would not be surprised of our new AG , Loretta Lynch , were not added to the list . She would deserve it , even though it was former AG Holder ‘ s inaction that contributed to all of this …

.. they should also bring their checkbooks . The judge is threating the whole crew with civil contempt findings if they have not fully complied with the original injuction . Somehow I get the idea that a finding of criminal contempt may not be far behind …

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Posted in legal opinion, legal question, personal opinion, stupidity (criminal), stupidity (legal) | Tagged: , , , , , , , , , , , , , , | Leave a Comment »

… Uh – Oh [#Court Case][#POTUS ‘ exec action][#immigration]…

Posted by paulfromwloh on Tuesday,October 13th,2015

.. an update on the court case on DACA and DAPA ..

.. well , they have had the hearing at the 5th Circuit . As the way things look , there looks to be a 2 to 1 majority to uphold Judge Hanen ‘ s injunction stopping POTUS ‘ power grab on exec actions on amnesty …

.. in some ways , the ObamaCraps got lucky . They got one ObamaCrap judge on the panel . But , they got only one . The other two judges are Dubya and Bush 41 appointees , respectively . Both of them are stout conservatives . So it looks good for Texas v. US going forward to the full 5th Circuit , maybe …

.. [h/t — Politico.com]..
.. [link] to the news article …

.. the ObamaCrap Administration can take the case to the full 5th Circuit . However , that is a very bad idea . The 5th Circuit is one of the most conservative ones still in the country . So , their odds on going to an ” en banc ” hearing before the full court are not good …

.. more likely is that the Administration is going to push this up to the U.S. Supreme Court . Also a dumb idea . They probably have 3 votes , at the most , to support their position . They do not have Breyer , and they most definitely do not have Kennedy …

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… In the 5th Circuit , the Government Just Missed … [#Texas v US]…

Posted by paulfromwloh on Friday,October 9th,2015

.. getting its butt kicked in court .

.. Why not ? Simple — His Lordship ‘ s antics on DAPA and DACA are that important , and deserve a full and public airing . boy , oh boy , was the judge ever pissed . That advisory that came through at the pleadings at the beginning of March [March 4th , to be specific] landed like a lead balloon in Judge Andrew Hanen ‘ s court . . So , now what ???

.. [h/t — WashingtonExaminer.com]…
.. [link] to the blog column ..

.. the has to know what is going on . Judge Hanen stopped just short of what is known as ” striking ” the government ‘ s case . What does that mean ? GAme , set , and match . If the government ‘ s case [and its pleadings] were ” stricken , ” then goodbye case . You could forget about any appeals to anywhere , including to SCOTUS …

.. because of the importance of the case , the case was not stricken . But the judge still can act to strike the case , if he finds more evidence of government misconduct . Especially if the misconduct goes much further up the line in the Department of InJustice , or even into the ObamaCrap White house …

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… This Case was Not the Victory that the Loonie (Lefties) wanted [#Texas][#voter id]…

Posted by paulfromwloh on Friday,August 14th,2015

.. by the reportage of the LameStreamMedia , you would think that the ObamaCraps and the Loonies won an overwhelming victory . Not so ..

.. there are a couple of large and significant reasons why : …

[-] Supreme Court Precedent — Crawford v Marion Cty Elections Board [Indiana] was a 7 to 2 ruling . It was also a recent ruling , under the Roberts Court , with many of the same parties on SCOTUS [except Sotomayor and Kagan] ..

[-] It was a panel ruling — and a 2 to 1 ruling at that …

[-] the 5th Circuit is still a fairly strong conservative court of appeals — you then go for an en banc panel [basically the full court] , and goodbye ruling …

.. [h/t — HotAir.com]..
.. [link] to the blog post ..

.. that is why this ruling will not last …

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… Well , His Lordship Loses Again [#exec action][#immigration][#appeals court]…

Posted by paulfromwloh on Tuesday,June 2nd,2015

.. yep , he lost again ..

.. in a 2 to 1 decision , POTUS had his request for the injunction on his policy change on DAPA [and DACA] to be lifted . The court heard the request . The court majority [the 2 judges] said no ..

.. they said that there was no reason to lift the injunction [it was granted properly] . Also , the case for which the injuction that was granted is still at the district court level . Judge Andrew Hanen of the 5th Circuit still has the case in his court . Also was it most important is whether the Government has the possibility of winning the case on the merits …

.. [h/t — McClatchyDC.com]..
.. [link] to the news story ..

.. the court said the likelihood was no .

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