President Obama Tries to Block Ruling Halting Unconstitutional Executive Action

By 

Jay Sekulow

|
February 23, 2015

2 min read

Executive Power

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President Obama has just asked a federal court to issue an emergency stay of last week’s ruling halting his unconstitutional Executive action on immigration.

Last week a federal court found that the Obama Administration “is not just rewriting the laws, he is creating them from scratch.”

The court issued a preliminary injunction, temporarily halting the President’s action – a case in which the ACLJ filed a critical amicus brief on behalf of 68 Members of Congress and more than 70,000 ACLJ members.

Today, the Administration is asking the same court to block it’s own ruling as it seeks to appeal the case to the Fifth Circuit Court of Appeals.

The Wall Street Journal reports:

The Obama administration on Monday asked a federal court to allow it to continue implementing the president’s immigration plan, which was temporarily blocked last week by a Texas judge.

The Department of Justice filed a request with a Texas federal judge to stay his earlier injunction, which temporarily blocked the Department of Homeland Security’s rollout of its immigration program. . . .

Last week, U.S. District Judge Andrew Hanen blocked the administration from implementing the program in response to a lawsuit from 26 states, which allege President Barack Obama has overstepped his executive authority in creating the program announced in November.

The Obama administration on Monday filed a separate appeal of the decision to the Fifth U.S. Circuit Court of Appeals in New Orleans. The fight could quickly move to the U.S. Supreme Court.

The trial court issued a well-reasoned decision, blocking President Obama’s illegal Executive action.

As I testified before the House Judiciary Committee in December: Congress makes the law.  The President enforces the law.  That’s how our Constitution works.  Impatient Presidents don’t get to violate the Constitution.

We’re continuing to work with Members of Congress to block President Obama’s Executive lawlessness.  At the same time, we’re preparing to file another critical amicus brief on behalf of Members of Congress and thousands of Americans, this time in a federal appeals court.  Add your name below to hold this Administration accountable and defend the Constitution in court.