RUSH: Now, this Texas judge, I want to move back to the Texas judge because things are a little different today than what I believed to be the case yesterday. I will admit, I will acknowledge that I remember saying yesterday that it might have been possible that the Fifth Circuit court would rule on the appeal against the Texas judge by the Regime by the end of the day yesterday, and that did not happen. A lot of people were surprised.
I did make a big deal of saying that the judge’s ruling against Obama’s executive amnesty was not so much about substance. In a strict sense, that was right. However, Reuters has a story today, and they are clearly not happy. The headline to the story is: “Texas Judge’s Immigration Rebuke May be Hard to Challenge.” This judge wrote a 128-page opinion in rebuking Obama’s executive amnesty. Some of it is brilliant. Some of it is just ice cold, cold blue steel brilliant, in tying the Regime’s hands.
Here’s how Reuters describes this. “President Barack Obama’s administration faces a difficult and possibly lengthy legal battle to overturn a Texas court ruling that blocked his landmark immigration overhaul, since the judge based his decision on an obscure and unsettled area of administrative law, lawyers said.
“In his ruling on Monday that upended plans to shield millions of people from deportation, US District Judge Andrew Hanen avoided diving into sweeping constitutional questions or tackling presidential powers head-on. Instead, he faulted Obama for not giving public notice of his plans. The failure to do so, Hanen wrote, was a violation of the 1946 Administrative Procedure Act, which requires notice in a publication called the Federal Register as well as an opportunity for people to submit views in writing.”
What happened here, what the judge is actually saying is that the president acted legislatively, and he does not have that power. Then he went on to point out that the president did not publish notice of his intention and give the public time to comment.
“The ruling, however narrow, marked an initial victory for 26 states that brought the case alleging Obama had exceeded his powers with executive orders that would let up to 4.7 million illegal immigrants stay without threat of deportation. ‘It’s a very procedural point — that he did this too quickly,’ said Michael Kagan, a law professor at the University of Nevada, Las Vegas.”
Analysts are now saying this judge is craftier and smarter than people originally thought because people began to analyze it really before they read all 128 pages of opinion. And this is — appears to be obscure, what do you mean, he didn’t publish this? He didn’t give public notice. Well, they got Al Capone on tax evasion, not murder. “Are you saying that Obama’s like Al Capone?” Yes, but I didn’t intend to. Don’t get mad at me. Just a little comedy here, folks, as I seek another award.
“Hanen’s ruling left in disarray US policy toward the roughly 11 million people in the country illegally. Obama said on Tuesday he disagreed with the ruling and expected his administration to prevail in the courts.” But others have looked at it, the attorney general of Texas has looked at it, and he’s saying I don’t see how the Regime wins this. I mean, based on Obama’s own words, I don’t see how they win this. Obama said on 22 previous occasions he doesn’t have the authority to do what he’s trying to do here.
So he’s saying this whole case could be sunk by Obama’s own words, by Obama’s own acknowledgement on previous occasions, that he does not have this power. “The US Justice Department was preparing an appeal of Hanen’s temporary injunction to the 5th US Circuit Court of Appeals in New Orleans, Obama said. The court could consider an emergency request to block Hanen’s ruling, potentially within days, although most of the 23 judges on the court were appointed by Republican presidents.”
So you know what’s happening? They are court shopping. The Regime is now trying to get this shifted from the Fifth Circuit say to the DC circuit or to some more friendly liberal circuit. They are doing that. You knew it would happen. They are doing it.
Now, there’s also something somewhat humorous about this. The Walter Cronkite, I’m told here, of Hispanic news, Jorge Ramos, says here — what is this? This is Breitbart News: “Jorge Ramos, arguably the most prominent pro-amnesty advocate in todayÂ’s media landscape, believes that a federal judgeÂ’s injunction against President Barack ObamaÂ’s executive amnesty ‘defines who is against immigrants in the US.
“He suggested on Tuesday that Latino voters in particular would take their anger out at Republicans in 2016. ‘The Texas decision clearly defines who is against immigrants in the US,’ Ramos said. ‘Latino voters will remember; 2016 is not that far away.’ He also declared that Judge Andrew Hanen, who issued the injunction, ‘wonÂ’t have the final word’ on the matter.”
So it’s almost like a threat from the Walter Cronkite of Hispanic news. “Jorge Ramos Warns Latino Voters Will Remember.” Yes. Latino voters will not forget this slight, this judge’s ruling. They will remember all the way to 2016.