Friday, July 10, 2015

Oral Argument Day in Texas v. United States


Photo of courtroom in the U.S. Court of Appeals for the Fifth Circuit

Today is the day! The U.S. Court of Appeals for the Fifth Circuit will hear oral arguments today at 9 a.m. (Central Timne) in Texas v. United States, in which the district court preliminarily enjoined the Obama administration's expanded deferred action program from going into effect. Each side will have one hour for argument.

Observers are saying that the administration faces an uphill battle when it seeks to convince a panel of federal judges to lift the preliminary injunction prohibiting the president’s executive actions announced in November 2014 from going into effect. The same two Republican-appointed judges (Judges Jerry Smith and Jennifer Elrod) who denied the administration's attempt to stay the injunction will hear arguments at the U.S. Court of Appeals building in New Orleans.

The Hill reports that "Court watchers expect an unfavorable ruling for Obama from the three-judge panel, which sits on the most conservative circuit in the country."

There have been reports that there would be immigration protests outside the courthouse where the arguments will be held.

Nicholas Espiritu of the National Immigration Law Center an ImmigrationProf blog reported on the oral arguments on the Obama administration's request for a stay of the preliminary injunction before the Fifth Circuit in Texas v. United States in April.  He will be at the arguments today and will provide ImmigrationProf with a post on the arguments.  Stay tuned.

UPDATE (9 a.m. PST):  There were peaceful pro-immigrant marches outside the Fifth Circuit courthouse this morning.




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