Boo-hoo for Barry.
The judges that will hear the appeal of Judge Hanen’s injunction on his amnesty plan. Obama will not be celebrating the news. The three judges will be Judge Stephen Higginson who was nominated by Barack Obama, Judge Jerry Smith who was nominated by Ronald Reagan and Judge Jennifer Walker Elrod who was nominated by George W. Bush. That’s very bad news for Obama because he can’t even appeal to the full court because the breakdown of the Fifth Circuit Court of Appeals is made up of 16 republicans and 8 democrats with two vacancies. Republicans have room for error. On the off chance one of the republicans votes to lift the injunction, the republicans can appeal to the full court, where they have a 2-1 advantage.
Another problem for Obama is that this court cannot hear his appeal of Judge Hanen’s decision on the constitutionality of Obamnesty. That’s because he has not ruled on it yet. What a fortunate thing for conservatives. In my previous stories concerning Judge Hanen many have criticized him, but he put the brakes on amnesty and his delay of his decision means the Supreme Court will not hear an appeal of the case until next year, meaning even if Obama wins, he can’t take any action until June 2016. If then. It’s unlikely that SCOTUS would lift the injunction with over a year before they could rule.
The court case was brought by a coalition of 26 states and was filed in Texas in order to ensure the Fifth Circuit Court of Appeals would be the court hearing the case. They were also hopeful of drawing Judge Hanen because he was already on record in another case, saying Obamnesty was unconstitutional. The 26 states include Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, West Virginia, and Wisconsin.