The Corner

Very Big News Out of New Orleans on Immigration

In response to Rehabilitation

As Patrick Brennan notes, a three-judge panel of the Fifth Circuit Court of Appeals just handed the Obama administration a huge defeat. It denied the government’s request for an emergency stay of a preliminary injunction blocking implementation of President Obama’s immigration amnesty program. This is not a decision on the merits of the lawsuit filed against the administration by the 26 states. But it certainly does not bode well for the administration’s case since in today’s 2-1 decision, the Fifth Circuit concluded that “the government is unlikely to succeed on the merits of its appeal of the injunction.”

The panel also denied the government’s request to narrow the nationwide scope of the injunction so that it only applied to Texas and the other states in the lawsuit. The court concluded that “partial implementation of [the president’s program] would undermine the constitutional imperative of ‘a uniform Rule of Naturalization’” contained in Article I of the U.S. Constitution, as well as “Congress’s instruction that ‘the immigration laws of the United States should be enforced vigorously and uniformly’” that is outlined in the Immigration Reform and Control Act of 1986.

The 68-page opinion was written by Jerry Smith, a Reagan appointee, who was joined by Jennifer Elrod, a George W. Bush appointee.  The dissenting judge, Stephen Higginson, an Obama appointee, argued that the underlying immigration issue is one that can only be decided “by the federal political branches” and is not an appropriate issue for “intervention and judicial fiat” by the courts. 

Next up in the Fifth Circuit will be the main event: oral arguments over the substantive issue at stake, which is the constitutional and statutory merit of the injunction issued against President Obama’s plan to, in essence, legalize up to 5 million illegal aliens.

Most Popular

Politics & Policy

Hillary Ruins the Plan

Editor’s note: Andrew C. McCarthy’s new book is Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency. This is the first in a series of excerpts.  There really was a collusion plot. It really did target our election system. It absolutely sought to usurp our capacity for ... Read More
Culture

An Insider’s Guide to Italian Insults

The tragicomic irony of Chris Cuomo’s pugilistic outburst earlier this week — cursing and physically threatening a man for taunting him with a reference to the movie The Godfather — is that the CNN anchor reinforced the usual tropes about Italian Americans. We are all wise-guys, goons, and Mafiosi, just ... Read More
Religion

Another Pop-Culture Christian Loses His Faith

It’s happened again. For the second time in three weeks, a prominent (at least in Evangelical circles) Christian has renounced his faith. In July, it was Josh Harris, a pastor and author of the mega-best-selling purity-culture book I Kissed Dating Goodbye. This month, it’s Hillsong United songwriter and ... Read More
Economy & Business

The Great Mystery

Kevin Williamson disputes my characterization of his riposte. He writes: I wrote that people can choose what kind of work they want to do, and what kind of services they want to consume, without any help from Michael. Kevin then accuses me of being a stouthearted defender of the “Real America.” If ... Read More
World

The End of Hong Kong as We Know It

The protests in Hong Kong have been going on for more than four months now, and no matter how the current crisis concludes in the coming days or weeks, it will mark the end of Hong Kong as we know it. The protests started in response to an extradition bill that was proposed by the city’s Beijing-backed ... Read More