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A federal appeals court has upheld the lower court ruling blocking Obama’s work-permit amnesty for illegal aliens with U.S.-born kids. The ruling is just on circuit court Judge Hanen’s injunction which put Obama’s plans on ice, and not on the merits of the underlying lawsuit claiming that Obama has overstepped his constitutional authority. Nonetheless, the appeals court did say Obama had acted illegally. From Politico:
The 5th Circuit opinion actually goes further than Hanen’s, holding not just the administration took shortcuts with procedural rules, but that Obama and Secretary of Homeland Security Jeh Johnson lacked the legal authority for their actions. [Judge] Smith said the Immigration and Naturalization Act simply doesn’t confer the power the administration is claiming.
Now the case goes to the Supreme Court. The court doesn’t have to take it up, but since it’s an important separation-of-powers issue, it probably will. If it rules before next November, it could have a real impact on the election, though maybe in a perverse way. If the court upholds Obama’s power-grab, Republican voters will be even more energized to stop Hillary. If the court strikes down the action, the result Republicans (rightly) desire, it could energize Democrats to turn out for Hillary.
Either way, it will depend on how Anthony Kennedy is feeling that morning. Which is no way to run a country.