{"id":8639,"date":"2015-03-13T15:08:51","date_gmt":"2015-03-13T19:08:51","guid":{"rendered":"http:\/\/live-immigrationreform.pantheonsite.io\/?p=8639"},"modified":"2018-12-28T14:24:47","modified_gmt":"2018-12-28T19:24:47","slug":"the-monumental-chutzpah-of-the-administrations-challenge-to-judge-hanens-injunction-of-executive-amnesty","status":"publish","type":"post","link":"https:\/\/www.immigrationreform.com\/2015\/03\/13\/the-monumental-chutzpah-of-the-administrations-challenge-to-judge-hanens-injunction-of-executive-amnesty\/","title":{"rendered":"The Monumental Chutzpah of the Administration\u2019s Challenge to Judge Hanen\u2019s Injunction of Executive Amnesty"},"content":{"rendered":"

\"Usdepartmentofjustice\"<\/a>Pardon my Yiddish, but the English language just doesn\u2019t have a word that captures\u2026well, the monumental chutzpah<\/i> of the Department of Justice\u2019s (DOJ) emergency motion<\/a> asking the 5th<\/sup> Circuit Court of Appeals to lift Judge Andrew Hanen\u2019s preliminary injunction blocking implementation of the president\u2019s executive amnesty programs.<\/p>\n

Of all the possible grounds that they might have used for asking the 5th<\/sup> Circuit to step in, the argument put forth by DOJ takes the cake. DOJ\u2019s motion argues that Judge Hanen\u2019s injunction \u201coffends basic separation-of-powers and federalism principles and impinges on core Executive functions.\u201d 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, \u201cI just took an action to change the law.\u201d<\/p>\n

The Constitution makes it pretty clear that changing the law is Congress\u2019s prerogative, not the president\u2019s. 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\u2019s amnesty programs\u00a0 would have the audacity to think that their concerns even matter.<\/p>\n

Judge Hanen\u2019s injunction was issued based on the administration\u2019s 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\u2019re going to need more than just chutzpah when they show up in court.