By Brandon Moseley
Alabama Political Reporter
On Tuesday, May 26, the Fifth Circuit Court of Appeals denied a request by the Obama Administration to implement its controversial Executive Amnesty Plan.
US Representative Gary Palmer (R-Hoover) released a written statement applauding the ruling:
Rep. Palmer said, “There are three coequal branches of government, not the executive and two subservient bodies. The Fifth Circuit opinion is about more than immigration policy. It reigns in the abuse of executive power, and tells the Obama Administration, and administrations to come, that overreaching executive orders cannot circumvent the authority to the Congress.”
Congressman Palmer continued, “This opinion, without question, affirms the constitutional separation of powers and the principle that legislative authority resides with the Congress. The President does not have the authority to make laws on immigration, or any other matter, and must not be allowed to abuse his authority.”
When Congress refused to pass a White House-backed plan to grant a path to citizenship to millions of illegal aliens, President Obama defied Congress by passing an Executive Order granting amnesty to over 4 million illegal aliens and provided them access to government benefits like social security, tax credits and driver’s license. The state of Alabama joined Texas and 26 other states in litigation opposing the President’s possibly unconstitutional actions. The judge issued a retraining order preventing President Obama’s policies from being implemented while the matter is in the courts.
Conservative Commentator Mark Levin said, “It’s amazing how excited we get when we have a court that actually upholds the Constitution, like the 5th circuit court shooting down President Obama’s executive amnesty. Obama argued that the court doesn’t have the power to review his unconstitutional act, even though he never had the power to do it in the first place. John Boehner and Mitch McConnell are just as unconstitutional as Obama for endlessly surrendering power to the Executive Branch. The Founders debated about how powers should be delegated in order to avoid exactly what is happening today.”
According to Palmer’s office, this opinion only upholds a preliminary injunction, however courts have repeatedly said that a preliminary injunction is only granted or upheld when one party has a high likelihood of success on the merits of the case. Thus, final victory for those challenging the order is likely.
Congressman Gary Palmer represents Alabama’s Sixth District. This is his first term.