On Friday the nine justices of the Supreme Court heard arguments in Obama’s appeal of the 5th Circuit Court decision that found his amnesty program to be unconstitutional. I would like to say this is a slam dunk, but unfortunately, I can’t. While Obama does have the right to enforce or not enforce our immigration laws any way he sees fit, his Obamnesty plan actually bestows rights and benefits on illegal aliens without the consent of congress. Under Obama’s plan, they would get legal status, work permits, access to Social Security and disability, food stamps and an entire host of other benefits.
Loretta Lynch’s Injustice Department argued in their November filing that:
“If left undisturbed, that ruling [of the appeals court] will allow States to frustrate the federal government’s enforcement of the Nation’s immigration laws.”
In December the coalition of 25 states that originally sued made their case:
“President Obama’s executive action on immigration represents an unprecedented attempt to expand the power of the executive branch. The president alone does not have the authority to grant millions of illegal immigrants a host of benefits – like Social Security and Medicare – which should be reserved for lawful citizens.”
The case presented by the Injustice Department is wrong. Obama’s plan is not in alignment with the nation’s immigration laws. Although Obama can merely not deport illegal aliens, he cannot issue them benefits of American citizens. Both Judge Hanen, the judge who first heard the case and the panel of three judges from the full 5th Circuit conceded Obama cannot be forced to deport illegals. Their decisions was based on the fact that the president has no right to bestow benefits on illegals.
The justices could announce their decision as early as this week. They have three options. They can refuse to hear the case. If they do that, the decision of Judge Hanen’s blocking Obama’s amnesty plan stands and there is nothing Obama can do before his term runs out. They could agree to hear the case but leave the injunction in place until a decision is reached. Or they could lift the injunction and agree to hear the case. That’s not likely. Lifting the injunction before a decision is reached would let the genie out of the bottle and it could not be put back in before up to five million illegals get legal status.
What you need to remember is that it doesn’t require a majority of the judges to agree to hear the case. It takes only the four liberal court justices but those four could not lift the injunction without a vote from one of the other five.