Sunday, February 22, 2015

Anil Kalhan: Is Judge Hanen’s Smackdown of Executive Action on Immigration “Narrowly Crafted”?


Taking on, among others Michael McConnell, Anil Kalhan in a post on Dorf on Law carefully analyzes Judge Andrew S. Hanen's preliminary injunction ruling in Texas v. United States, which put on hold for now President Obama's expanded deferred action programs for undocumented immigrants.  Despite the claims of defenders that Judge Hanan's opinion is "narrowly crafted," Kalhan conclusion is summarized as follows:

"Judge Hanen’s opinion is remarkably sweeping in its tenor and its potential significance—and ultimately does not turn on any sort of distinction between the exercise of prosecutorial discretion, on the one hand, and the extension of `affirmative benefits,' on the other. The ruling should be understood as `narrowly crafted' in the same sense that someone wielding a velvet-lined sledge hammer as a weapon should be understood as `subtle.'”


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