Exec Orders – Texas v. US – Text of Fifth Circuit Opinion

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Exec Orders – Texas v. US – Text of Fifth Circuit Opinion

Post by johnkarls »

Texas et al. vs. United States, 787 F.3d 733 (5th Cir. 2015) was a 2-1 opinion denying the Obama Administration’s appeal from the U.S. District Court’s granting pursuant to Rule 65 of the Federal Rules of Civil Procedure a Preliminary Injunction pending trial against the Obama Administration’s 11/20/2014 expansion of the Deferred Action for Childhood Arrivals (“DACA”) Program and the creation of a program similar to DACA for illegal immigrants who were the parents of a U.S. citizen or lawful permanent resident (aka “DAPA”).

Here is the text of that opinion (the dissent begins on p. 71 of the 135-page opinion) --
On 6/23/2016, the U.S. Supreme Court affirmed the Fifth Circuit Opinion in a one-sentence 4-4 vote “Per Curiam” opinion. [“Per Curiam” means that the opinion is published in the name of the court, rather than in the name of an individual judge or judges.]

The single sentence???

“The judgment is affirmed by an equally divided court.”

Here it is --
Since the issue before the Fifth Circuit and Supreme Court had been the validity of a Preliminary Injunction pending trial, the lawsuit would then have gone back to the U.S. District Court for a trial on the merits, including the Constitutionality of the expansion of DACA and the creation of DAPA by Executive Action.

However, the Trump Administration then revoked the DAPA policy entirely (it had NOT even been the subject of a Presidential Executive Order).

And the Trump Administration then rendered Texas v. United States moot by revoking the DACA Executive Order entirely based on the claim that President Obama had been correct before he created DACA that only Congress could do so under the U.S. Constitution.

However, in revoking DACA entirely, President Trump gave Congress 6 months until 3/5/2018 to enact a replacement for DACA.

This was extended by a Preliminary Injunction in a new lawsuit in U.S. District Court in San Francisco until it could resolve a COMPLETELY DIFFERENT ISSUE than the Constitutionality of President Obama’s Executive Order creating DACA (which President Obama had announced so often that he did NOT have the Constitutional authority to do).


Whether President Trump has the Constitutional authority to revoke President Obama’s Executive Order which President Obama did NOT think he had the Constitutional authority to issue!!!

How’s that for a convoluted imbroglio???

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