Wednesday, February 18, 2015

TEXAS HAS ITS SAY



As some pundit noted” Boston may be digging out of nearly seven feet of snow, but in Washington, predictions of about seven inches are enough to force the federal government to close its offices on Tuesday. As of Monday night, the Office of Personnel Management’s website was carrying the following message for employees: “Status: Federal offices are closed – Emergency and telework-ready employees must follow their agency’s policies.”

Meanwhile in the free state of Texas, the Republican right wingers who are anti immigrants   were able to get their suit to overthrow Obama’s Presidential Executive Order to be heard before a District Judge who was known for his ultra-conservative stance. They got the ruling desired; a temporary hold on Obama’s Immigration policy in part because some of it may have invaded State’s Rights.

The immediate impact is on the Deferred Action for Childhood Arrivals, or DACA, program. DACA allows undocumented immigrants who came to the U.S. as children to stay in the country and work legally, which was to go into effect tomorrow.
An appeal is already before the 5th Court of Appeals. It is possible that the Supreme Court may hear this case this year; but more likely because of session length it will be next year.

As you may or may not know about the Federal Court System: There are 94 federal judicial districts, including at least one district in each state, the District of Columbia and Puerto Rico. The 94 judicial districts are organized into 12 regional circuits, each of which has a United States court of appeals. Above the Court of Appeals is the Supreme Court.

What many may not know is that there is no Constitutional requirement for SCOPUS to have 9 Justices, although that has been the number since FDR tried to pack the Court with favorable Justices. In fact some time prior to FDR there were 11 sitting Justices. There could be only 5 Justices or even 4.

If it were only for humanitarian reasons DACA should be supported by the courts and Congressional action. There is still a question if the House will hold the needed funding for the National Security agency without an included strict immigration rider. My bet is that politics will convince them to fund without any restrictions.


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