Fifth Circuit Grants Fast-Track Appeal of Obama’s Amnesty Order
Mark your calendars because today the Fifth Circuit Court of Appeals granted the Obama administration’s plea to grant a fast-track appeal of a lower court decision blocking a controversial amnesty program for illegal immigrants.
The next stop on the constitutional carousel occurs April 17, when lawyers from the Texas Attorney General’s office representing 26 states square off against counterparts from the federal government. At issue will be whether to overturn a district court order halting implementation of an executive action granting work permits and deportation waivers to an estimated five million people in the United States without authorization.
Granting the fast-track petition doesn’t necessarily mean that the Fifth Circuit – widely considered the most conservative jurisdiction of the federal judiciary – will side with the Obama administration. More likely, it’s a courtesy gesture to the executive branch acknowledging that a resolution to this dispute is needed sooner rather than later. Even still, a final decision could take months to appear and both sides have indicated they will litigate all the way to the Supreme Court to vindicate their position.
In the end, what today’s announcement probably means is that the Supreme Court will hear an appeal next fall instead of the following spring. Just in time for presidential primary season.