The Los Angeles Times is demanding that the 5th Circuit Court of Appeals issue its executive amnesty ruling “without delay” so that the Supreme Court can potentially hear the case as soon as possible.
After federal Judge Andrew Hanen issued a temporary injunction on Obama’s executive amnesty program, the Obama administration sought an emergency stay and then filed a broader appeal after the stay request was denied. The court heard oral arguments for the broader appeal in July.
The Times editorial board wants to the court to issue its ruling because as soon as possible because “the underlying issue of whether the president has the authority to protect classes of undocumented immigrants from deportation, and to permit them to work legally, probably will have to be resolved by the Supreme Court,” but “an appeal from the 5th Circuit probably would need to be filed by Oct. 23” for the Supreme Court to hear the case in the current session.
If not, the Times notes in its editorial, ”under the usual flow of court business, the case won’t get to the Supreme Court until the next term, with no decision until after Obama leaves office.”
“The 5th Circuit needs to move this case along without delay. It would be unacceptable if the president’s executive actions are stalled not because of a legitimate legal challenge but because the wheels of justice turn too slowly,” the Times writes.
After noting that it has already been 90 days since oral arguments for a court that usually issues rulings within 60 days, the Times wondered if the 5th Circuit is “willfully slow-walking this decision with its eye on the calendar” or if the case is “really that complicated.”
“This is not how justice is reached,” the Times continues, arguing that any delay would be “bad for those eligible for the deferred action, many of whom would have qualified for a path to citizenship under the reasonable 2013 Senate immigration reform bill, and may yet again if Congress ever gets its act together.”