Wednesday, July 1, 2015

Fifth Circuit Panel Set for Arguments in Texas v. United States


The U.S. Court of Appeals for the Fifth Circuit on Monday announced the panel of judges who will hear arguments on the merits on the U.S. government's challenge to an injunction halting President Obama's executive actions on immigration. Circuit Judges Carolyn Dineen King, Jerry E. Smith and Jennifer Walker Elrod will hear oral arguments in the case on July 10 in New Orleans. Judges Elrod and Smith constituted the majority of the Fifth Circuit panel that denied the government’s motion to stay the injunction in May.

The panel also requested additional briefing pertaining to the state challengers' standing in light of a Supreme Court redistricting ruling issued on the same day.

It is difficult to see how the Obama administration can convince a majority of this panel to lift the injunction.  Judges Smith and Elrod seemed adamant in denying the stay that the administration had not established a likelihood of prevailing on the merits.


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