The Monumental Chutzpah of the Administration’s Challenge to Judge Hanen’s Injunction of Executive Amnesty

UsdepartmentofjusticePardon my Yiddish, but the English language just doesn’t have a word that captures…well, the monumental chutzpah of the Department of Justice’s (DOJ) emergency motion asking the 5th Circuit Court of Appeals to lift Judge Andrew Hanen’s preliminary injunction blocking implementation of the president’s executive amnesty programs.

Of all the possible grounds that they might have used for asking the 5th Circuit to step in, the argument put forth by DOJ takes the cake. DOJ’s motion argues that Judge Hanen’s injunction “offends basic separation-of-powers and federalism principles and impinges on core Executive functions.” That would be the same separation of powers doctrine that the president trashed when, in announcing his intention to grant amnesty to some 5 million illegal aliens by executive decree, said, “I just took an action to change the law.”

The Constitution makes it pretty clear that changing the law is Congress’s prerogative, not the president’s. But, never mind, DOJ is offended by the idea that the states that would bear many of the costs and burdens associated with the Obama’s amnesty programs  would have the audacity to think that their concerns even matter.

Judge Hanen’s injunction was issued based on the administration’s failure to abide by a statutory requirement that they provide sufficient opportunity for public review and comments of major policy changes. But if DOJ wants to fight the battle about who is infringing on whose constitutional authority, they’re going to need more than just chutzpah when they show up in court.

About Author


Ira joined the Federation for American Immigration Reform (FAIR) in 1986 with experience as a journalist, professor of journalism, special assistant to Gov. Richard Lamm (Colorado), and press secretary of the House Defense Appropriations Subcommittee. His columns have appeared in National Review, LA Times, NY Times, Washington Post, Newsweek, and more. He is an experienced TV and radio commentator.


  1. avatar

    Illegals should give Obola a blanket party for delibertately deceiving them with his cheap election year stunt and promise amnesty – which he has no authority – and executive actions – which he has no authority and knows it. Illegals believe it because they want to and ignore any basis in fact.

  2. avatar

    Oh, it is chutzpah to ask the court for relief from a separation of powers issue? I believe you don’t understand how the federal government is set up. That is a perfectly legitimate contention. The court will figure it out. Keep the faith.

  3. Pingback: Ian Leaf

  4. avatar

    When are Americans going to treat “these” people as just exactly what they are= “ILLIGAL INVADERS” They are robbing “US” blind, to the tune of 530 Billion, Yes BILLION $$$$ A YEAR.

    • avatar are delirious………………they work harder than you do……and abused…

      • avatar

        And you are an idiot. Do you not know the meaning of LEGAL or US CTIZENS! Or that AMERICANS need jobs! You are a disgrace to this Country.

      • avatar

        But came here by breaking the LAW which most of us take very seriously,THE LAWS OF THE UNITED STATES not mexico

      • avatar
        Not Policically Correct on

        So “truth” how do you know how hard Gay Bean works or doesn’t work? Maybe she works three jobs and goes to school. Don’t make judgments about what you don’t know.

      • avatar

        “The Truth Says”……. What part of the word “illegal” is it you don’t understand? Since the very day they crossed the border they’ve been in violation of the law. And YOU are either too dumb to understand that or you are a panderer for those who willingly, and continuosly, ignore our laws. I would imagine that if you don’t think that’s a problem then you’d have no problem with anyone who’d wish to, to break into your car, residence, or any other properties you might have, help themselves to whatever they want, including the house, car, or whatever, and leave with it all? If your answer is, “That’s different”, you’re a hopeless piece of Liberal garbage. If you agree that might be a problem, then WAKE UP, stupid!, for that is precisely what they are doing. Helping themselves to what is NOT theirs, taking what is NOT theirs, and preparing to everything that is not nailed down- and that includes the land itself.
        Apparently you don’t pay much attention to what is going on in the world outside of your own little shell.

  5. avatar

    The Bottom Line

    Any opinion on legal applications applies to the wording of the law. The open border pundits have their opinions on the law and they call anything contrary to their opinion as “OFFENSIVE”.

    Its no win when you deal with these clowns.

  6. avatar

    And that was after years of saying he was unable to do what he eventually did, because of constitutional limits. He was hoping Congress would pass his amnesty to take the heat off him and when they didn’t then he did it by executive order/memo, whatever you want to call it. Which is another of their shell games, claiming memos are not executive orders. Of course, the rule of law or his position as chief executive never stopped him from rushing into racially charged cases without having the facts, pontificating with that holier than thou look on his face, and later turning out to be wrong.

    • avatar

      Leland there is nothing you or anybody can do….regardless or not there is immigration reform, the fact is that the they are still here and will not leave and more are coming……………………so just save your energy and have a beautiful life and enjoy life…..that is the best advice you will ever get……and or follow…..TRUST ME

      • avatar

        They will leave and more won’t come if they can’t get jobs because of e-verify and if they are refused licenses and any kind of benefits except emergency medical care. How can can anyone “trust” anyone who knows as little as you.

        • avatar
          rainytuesday on

          E-verify has already accepted thousands of illegals based on social security numbers belonging to dead people–people supposedly born in 1905 or earlier. So even that system is rigged to promote the infiltration.

      • avatar

        you won’t think that when the gangs,the drug dealers,the cartels start flooding across the border and America will be just like mexico,run by cartels and drug dealers,innocent people being killed by the hundreds,women raped,children put to work in sweat shops,girls sold into prostitution,A LAWLESS COUNTRY,terrorists killing ALL AMERICANS