Saturday, June 4, 2016
The saga of the lawsuit by Texas and 26 states challenging President Obama's expanded deferred action programs continues. The Washington Post reports that Justice Department yesterday asked the U.S. Court of Appeals for the Fifth Circuit to vacate harsh sanctions imposed upon it by U.S. District Court Judge Andrew Hanen, arguing that the sanctions were “as extraordinary as they are wrong.” The U.S. government contends that Judge Hanen erred in finding that Justice Department attorneys mislead the court. The lawyers argued that what Judge Hanen deemed intentional misrepresentations were the product of “misunderstanding,” and even if they had acted wrongly, Judge Hanen far exceeded his authority in the sweeping remedy he ordered.
As posted yesterday, Steve Legomsky has forcefully challenged Many of Judge Hanen's rulings in Texas v. United States. Hopefully, the Supreme Court, which is reviewing the preliminary injunction entered by Judge Hanen, will clear some things up in the case before the end of the 2015 Term.