Delays in the Courts: 5th U.S. Circuit Court of Appeals Accused of Stalling to Keep President Obama’s Plan Out of the Supreme Court
In August, we reported that 26 states (including Tennessee) sued to overturn President Obama’s executive orders on removing (deporting) immigrants. His orders would keep approximately 5 million immigrants from being deported. The case went to court in July, and now the International Business Times has asked: Is the circuit court (5th U.S. Circuit Court of Appeals) purposely holding the case and taking too long to rule? “The longer a decision is held, the less time there is available for the case to make its way to the Supreme Court. If the case doesn’t make it there during the current session, it appears unlikely that Obama will be able to act on the proposals before he leaves office in January 2017.”
For now, immigrants, activists and the White House are in a holding pattern awaiting a ruling by a three-person panel of judges in New Orleans. According to the New York Times, the court asserts that it does its best to make a decision “within 60 days after argument.” But delays in rulings by appellate courts are not unusual. If the appeal however drags on too long, there would be little time for the Supreme Court to hear the case before President Obama leaves office.
What happens next?
If the panel of judges decides against the President quickly, then the President’s lawyers can ask the Supreme Court to decide the issue. If the panel does not issue an opinion quickly, the decision would be left in the hands of the next president. No one can predict what the next president would do. To help spur a decision, immigrants and activists are protesting peacefully outside the Courthouse. Fox News reports that “Speakers with the Fair Immigration Reform Movement said at a news conference Thursday [October 15, 2015] that 10 members will fast and pray at a park across the street from the federal courthouse for nine days, urging the 5th U.S. Circuit Court of Appeals to rule within that time.”
The time has come for the Court to make its decision, regardless of what it might be. Millions of people are literally at risk of being deported – some of whom may have never seen their supposed “native” country. The issue affects millions of people. Remember, however, that federal judges may not be moved by protests, rallies and political pressures. They are often isolated and insulated from the type of pressures felt by politicians, governors, legislators and presidents. Federal judges are appointed for life; they do run for re-election.
The Law Office of Perry A. Craft, PLLC, offers counsel for immigrants throughout Tennessee. To make an appointment with a Nashville immigration attorney, contact us today.
Perry A. Craft has dedicated his life to helping people in need. He has tried, settled, or resolved numerous civil and criminal cases in State and Federal courts, and has represented teachers and administrators before school boards, administrative judges, and the state Board of Education. Learn more about Attorney Craft.