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Wednesday, February 18, 2015

Checkmate, Mr. President

After half a semester every intelligent student learns to write for the teacher. It more refined than simply writing what the teacher likes to read. It's also knowing what one can get away with. If the teacher is a stickler for precision avoid the adverbs "always" and "absolutely" unless they are completely appropriate. More likely than not the teacher will have stated several pet peeves and a wise student does not go there.
Judge Andrew Hanen knew what he was doing when he issued the injunction that stopped Obama's unconstitutional amnesty in its tracks. Following the news of the temporary restraining order every cable news channel trotted out a legal mind to make book on the eventual outcome. It's unlikely that any of them have Judge Hanen's insight into the thinking of the members of the Fifth Circuit Court of Appeals. That appeals court has been reading the judge's opinions since 2002. They know his legal philosophy and he knows their's.
His Honor stipulates early in his opinion that both parties agree that no executive order has been issued by Obama. The focus of his opinion then becomes DHS Secretary Jeh Johnson whom he treats as just another out of control bureaucrat who has not followed the prescribed procedure to create a regulation. Hanen is more concerned that his restraining order not be overturned than eventually being reversed. If the appellate court does not vacate his restraining order Obama loses. The court is not swinging for the bleachers it is freezing the ball in hopes of running out the clock. If Obama must wait for the until the Supreme Court rules on the merits of the case someone else will be sitting in the Oval Office at 1600 Pennsylvania Avenue. Check! double check! and checkmate!

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