The federal judge’s ruling late Monday that blocked President Obama’s executive amnesty for illegal immigrants could put off the action “forever.”
That was the message Judge Andrew Napolitano brought to “The Kelly File” on Tuesday, when he described the ruling by U.S. District Judge Andrew Hanen as “devastating for the administration.”
It wasn’t just the ruling itself that’s a problem for the White House, told host Megyn Kelly, but the fact that Hanen found the government’s case was so weak.
“He ruled that they were changing the law and that they violated federal law in the manner in which they changed federal law,” Napolitano said.
“They didn’t have a 30-day waiting period, they didn’t give Congress the opportunity to weigh in, they didn’t let the public weigh in, they didn’t publish their rules early enough. They just changed, changed, changed like the president said he would with a phone and a pen.”
And with the Fifth Circuit Court of Appeal one of the nation’s “most conservative,” the likelihood of a successful appeal by the administration is small, Napolitano said. And that means the likelihood of a Supreme Court ruling on the case is virtually nonexistent.
So, the same court that found both the administration’s methods and its arguments to be unconstitutional is likely to continue its jurisdiction over the case until the end of the Obama administration, which means it’s pretty much over, Napolitano said.
“In my opinion, the Obama amnesty plan is dead,” he said.
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